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Full text of "Journal of the Senate of the General Assembly of the state of North Carolina at its .."

N.C. DOCUMENTS 
>USE 

JUN 27 1990 

N.C. STATE LIBRARY 
RALEIGH 



Digitized by the Internet Archive 
in 2013 



http://archive.org/details/journalofsenateo19nort_4 



JOURNAL 

OF THE 

SENATE 

OF THE 

GENERAL ASSEMBLY 

OF THE 

STATE OF NORTH CAROLINA 



FIRST 
SESSION 

1989 






Lithographed by 

West Publishing Company 

St. Paul, Minn. 






OFFICERS AND MEMBERS 
OF 

THE SENATE OF NORTH CAROLINA 

GENERAL ASSEMBLY 
SESSION 1989 

JAMES C. GARDNER, President Rocky Mount 

HENSON P. BARNES, President Pro Tempore Goldsboro 

KENNETH C. ROYALL, JR. , Deputy President Pro Tempore Durham 

SYLVIA M. FINK, Principal Clerk Raleigh 

LEROY CLARK, JR, Reading Clerk Wendell 

GERDA B. PLEASANTS, Sergeant-at-Arms Cary 

DISTRICT NAME OF SENATOR CITY of RESIDENCE 

1 MARC BASNIGHT Manteo 

2 FRANK W. BALLANCE, JR Warrenton 

3 WILLIAM H. BARKER Oriental 

4 A. D. GUY Jacksonville 

5 WENDELL HOLMES MURPHY Rose Hill 

6 R. L. MARTIN Bethel 

7 FRANKLIN BLOCK Wilmington 

8 HENSON P. BARNES Goldsboro 

9 THOMAS F. TAFT Greenville 

10 JAMES E. EZZELL, JR Rocky Mount 

1 1 JAMES D. SPEED Louisburg 

12 JOE B. RAYNOR Fayetteville 

LURA S. TALLY Fayetteville 

13 KENNETH C. ROYALL, JR Durham 

RALPH A. HUNT Durham 

14 JOSEPH E. JOHNSON Raleigh 

WILLIAM W. STATON Sanford 

J. K. SHERRON, JR Raleigh 

15 N. LEO DAUGHTRY Smithfield 

16 RUSSELL G. WALKER Asheboro 

WANDA H. HUNT Pinehurst 

17 J. RICHARD CONDER Rockingham 

AARON W. PLYLER Monroe 

18 R. C. SOLES, JR Tabor City 

19 ROBERT G. SHAW Greensboro 

20 MARVIN M. WARD Winston-Salem 

TED KAPLAN . , Lewisville 

21 GEORGE B. DANIEL Yanceyville 

22 JAMES C. JOHNSON, JR Concord 

23 PAUL S. SMITH Salisbury 

BETSY L. COCHRANE Advance 

24 WILLIAM D. GOLDSTON, JR Eden 

A. P. SANDS III Reidsville 

25 J. OLLIE HARRIS Kings Mountain 

HELEN RHYNE MARVIN Gastonia 

MARSHALL A. RAUCH Gastonia 

26 AUSTIN M. ALLRAN Hickory 

HOWARD F. BRYAN Statesville 

27 DONALD R. KINCAID Lenoir 

DANIEL R. SIMPSON Morganton 

28 ROBERT S. SWAIN Asheville 

DENNIS J. WINNER Asheville 

29 ROBERT C. CARPENTER Franklin 

CHARLES WHEELER HARDIN Canton 

30 DAVID RUSSELL PARNELL Parkton 

31 WILLIAM N. MARTIN Greensboro 

32 RICHARD E. CHALK, JR High Point 

33 JAMES F. RICHARDSON Charlotte 

34 T.L. ODOM Charlotte 

35 LAURENCE A. COBB Charlotte 

(See Appendix for Senatorial Districts) 






SENATE JOURNAL 

SESSION 1989 

FIRST DAY 

Senate Chamber, 
Wednesday, January 11, 1989. 

In accordance with law, as set forth in the Constitution of the State of North Caro- 
lina and G.S. 120-11.1, the Senate of the General Assembly of North Carolina as- 
sembles this day, at the hour of 12:00 Noon, in the Senate Chamber of the Legislative 
Building in the City of Raleigh. 

The Honorable James C. Gardner, Lieutenant Governor, calls the Senate to order. 

Prayer is offered by the Reverend James West Mathieson, Minister of St. Andrews 
Episcopal Church, Rocky Mount, North Carolina, as follows: 

"Let us pray. Almighty God, Who has given us this good land for our heritage, we 
humbly beseech Thee that we may always prove ourselves a people mindful of Thy 
favor and glad to do Thy will. Bless our land with honorable industry, sound learning, 
and pure manners. Save us from violence, discord and confusion, from pride and 
arrogance and from every evil way. Defend our liberties, and fashion into one united 
people, the multitudes brought hither out of many kindreds and tongues. And do with 
the spirit of wisdom those to whom in Thy name, we entrust the authority of govern- 
ment, that there may be justice and peace at home, and through obedience to Thy law 
we may show forth Thy praise among the nations of the earth. In the time of prosper- 
ity, fill our hearts with thankfulness, and in the day of trouble, suffer not our trust in 
Thee to fail. We commend this nation to Your merciful care. That being guided by 
Your providence we may dwell secure in Your peace. 

"Grant to the President of the United States, the Governor of this State, and to all in 
authority, wisdom and strength to know and to do Your will. Fill them with the love of 
truth and righteousness, and make them ever mindful their calling to serve this people 
in Your fear. We beseech You so to guide and bless our Senators, and Representatives 
in the Legislature of this State here assembled. Direct and prosper all their consulta- 
tions to the safety, honor, and welfare of Thy people. That all things may be so 
ordered and settled by their endeavors, upon the best and surest foundations. That 
peace and happiness, truth and justice, religion and piety may be established among 
us for all generations. We ask this in the name of Christ our Lord. Amen." 



PRESENTATION OF THE COLORS 

The Chair orders the Sergeant-at-Arms of the 1987 Session to open the doors of the 
Chamber to allow the Color Guard of the Headquarters State Area Command of the 
North Carolina National Guard to enter the Chamber. The Chair grants permission to 
present the colors and led by the Lieutenant Governor, the Senators-elect and distin- 
guished guests remain standing and pledge allegiance to the United States of America. 

The Chair directs the Reading Clerk of the 1987 Session to call the roll and the 
following Senators-elect appear with the proper certificates of election: 

First District Marc Basnight 

Second District Frank W. Ballance, Jr. 

Third District Bill H. Barker 



January 11, 1989 



SENATE JOURNAL 



[Session 



Fourth District 
Fifth District 
Sixth District 
Seventh District 
Eighth District 
Ninth District 
Tenth District 
Eleventh District 
Twelfth District 

Thirteenth District 

Fourteenth District 

Fifteenth District 
Sixteenth District 

Seventeenth District 

Eighteenth District 
Nineteenth District 
Twentieth District 

Twenty-first District 
Twenty-second District 
Twenty-third District 

Twenty-fourth District 

Twenty-fifth District 

Twenty-sixth District 

Twenty-seventh District 

Twenty-eighth District 

Twenty-ninth District 

Thirtieth District 
Thirty-first District 
Thirty-second District 
Thirty-third District 



A. D. Guy 

Wendell Murphy 

R. L. Martin 

Frank L. Block 

Henson P. Barnes 

Tom F. Taft 

James E. Ezzell, Jr. 

James D. Speed 

Lura S. Tally 
Joe B. Raynor 

Ralph A. Hunt 
Kenneth C. Roy all, Jr. 

William W. Staton 
Joseph E. Johnson 
J. K. Sherron 

N. Leo Daughtry 

Wanda H. Hunt 
Russell G. Walker 

J. Richard Conder 
Aaron W. Plyler 

R. C. Soles, Jr. 

Robert G. Shaw 

Ted Kaplan 
Marvin Ward 

George Daniel 

James C. Johnson, Jr. 

Betsy L. Cochrane 
Paul S. Smith 

A. P. Sands III 
W. D. Goldston, Jr. 

Ollie Harris 

Helen Rhyne Marvin 

Marshall A. Rauch 

Austin M. Allran 
Howard Bryan 

Dan R. Simpson 
Donald Kincaid 

Robert S. Swain 
Dennis J. Winner 

Robert C. Carpenter 
C. W. Hardin 

David R. Parnell 

William N. Martin 

Richard Chalk 

James F. Richardson 



January 11, 1989 



1989] SENATE JOURNAL 7 

Thirty-fourth District T. L. Odom 

Thirty-fifth District Laurence A. Cobb 

The Chair announces that a Notice of Contest in the 29th Senatorial District and a 
subsequent Withdrawal of Notice have been received and are on file in the Office of 
the Principal Clerk. 

Those present take and subscribe to the following oath of office, which is admini- 
stered by the Honorable Louis B. Meyer, Associate Justice of the Supreme Court of 
North Carolina: 

"I do solemnly swear or affirm that I will support and maintain the Constitution and 
laws of the United States; and I do solemnly and sincerely swear or affirm that I will 
be faithful and bear true allegiance to the State of North Carolina, and to the constitu- 
tional powers and authorities which are or may be established for the government 
thereof; and that I will endeavor to support, maintain, and defend the Constitution 
and laws of said State, not inconsistent with the Constitution of the United States, to 
the best of my knowledge and ability; and I do solemnly and sincerely swear or affirm 
that I will faithfully discharge the duties of my office as a member of the Senate of the 
1989 General Assembly of the State of North Carolina to the best of my skill and 
ability, so help me, God." 

To which oath each Senator answers, "I do." 

The President declares a quorum of the Senate present. 

The President addresses the membership and upon the motion of Senator Winner, 
his remarks are spread upon the Journal, as follows: 



REMARKS BY LIEUTENANT GOVERNOR JAMES C. GARDNER 

"Senators, today marks a very special undertaking for all of us as we begin deliber- 
ating the business of our great State. Most of you bring experience to these Cham- 
bers, some of us are newcomers. Those of us who are new will look to those experi- 
enced for help. In that regard one person I have looked to for counsel is the last 
member of my Party to hold this position, Lieutenant Governor Charles A. Reynolds 
of Forsyth County. 

"Included in his opening remarks to the Senate in 1897 were some timely thoughts 
even for today. 

"For example, Lieutenant Governor Reynolds described his assumption of duties to 
his colleagues by saying, 'I do so with the single purpose in view to know your wishes 
and serve you to that end to the best of my ability, and I shall hope always for your 
kindly assistance in making the duties of the Office as light as possible.' 

"I am willing to embrace some historical comparisons, but unlike Mr. Reynolds I'm 
not requesting lighter duties of the Office. I understand some are considering it any- 
way. 

"In reading Lieutenant Governor Reynolds' remarks to the Senate in 1897, a re- 
markable comparison can be drawn between the needs and goals of that time and 
those we share today. He, too, saw the great potential for economic growth in our 
State from one end to the other and said, '...(with) our magnificent climate and 
matchless scenery, what an opportunity is ours!' 

"Is it not so today? With our human and natural resources what an opportunity is 
ours! A great deal of what we do here will pave the way for the opening of new 
opportunities for all North Carolinians. 

"I further found that Mr. Reynolds was keenly alert to the value of an improved 
educational system. He said, and I quote, 'Part of this great work must be the 



January 11, 1989 



8 SENATE JOURNAL [Session 

encouragement and improvement in our free school system until it reaches that point 
when the humblest citizen can secure an education that will fit him for any calling in 
this State.' 

"And so it is today. In many ways the solution to growing problems in educating 
our children is no longer a challenge— it's a dare. We can bravely and courageously 
accept that dare if we join hands and minds with a resolve to strengthen our public 
education for the benefit of our children's future rather than the benefit of educational 
institutions. 

"It really only takes a brief look into our history to see that many issues remain 
constant from one generation to the next— economic growth, education, and roads. A 
great deal of what we do about those issues comes from the lessons we learned from 
our predecessors. But Senators, as you know, we face a threat to our future greater 
than any faced by those who preceded us — the deadly dangerous use of illicit drugs. 
Neither Lieutenant Governor Reynolds nor anyone else has passed on wisdom to guide 
us. In this area of need we must be entirely creative in thought. We must be bold and 
decisive in our action. 

"So, as we prepare to face some of the continuing challenges we must be prepared 
to face some uniquely new ones. 

"I dare say under the best of circumstances we cannot solve them all, but I dare say 
we cannot solve any of them if we do not set aside partisan interests and resolve to 
seek solutions together. 

"President-elect George Bush described the greatness of our citizens as deriving 
from the power of individual initiative. He called it 'a thousand points of light.' 
Ladies and Gentlemen of the Senate, I agree with his analogy and assure you fifty of 
those points of light are sitting here in this Chamber today. 

"Let me call once again upon the sound counsel of my predecessor Lieutenant Gov- 
ernor Reynolds who said, 'Let us forget all Party lines and remember we are all sons 
of North Carolina. . . .If wisdom prevails in your councils, you will see the beginning of 
such prosperity as our people have never dreamed of, and for which your children's 
children will rise up and call you blessed and your constituents will greet you on your 
return home with the plaudit of well done... .' 

"If we are to earn a 'well done' we will need to call upon divine guidance as well as 
the wisdom of our colleagues and predecessors. 

"I will conclude by para-phrasing a pearl of wisdom from a Democrat. Ask not 
how our service here will benefit us, but ask how our service can benefit the State of 
North Carolina." 

The President expresses appreciation to the Justices and Judges of the General Court 
of Justice for their participation in today's opening ceremonies and extends courtesies 
of the floor to the Honorable James G. Exum, Chief Justice of the Supreme Court of 
North Carolina; and to the Honorable Louis B. Meyer, Associate Justice of the Su- 
preme Court of North Carolina; the Honorable Willis P. Whichard, Associate Justice 
of the Supreme Court of North Carolina and former Senator from Durham County; the 
Honorable John Webb, Associate Justice of the Supreme Court of North Carolina; the 
Honorable Henry E. Frye, Associate Justice of the Supreme Court of North Carolina 
and former Senator from Guilford County; and the Honorable Harry C. Martin, Asso- 
ciate Justice of the Supreme Court of North Carolina. 

The President extends courtesies of the floor to J. J. Harrington, former President 
Pro Tempore of the Senate from Bertie County, to Brigadier General Don Gardner, 
Commanding General of Marine Corp Base, Camp LeJeune, Jacksonville, North 
Carolina, and to the Honorable James E. Holshouser, former Governor of North 
Carolina. 

The President extends courtesies of the floor and gallery to the families, friends, and 
guests of the Senators. 



January 11, 1989 



1989] SENATE JOURNAL 9 

The President announces the Senate is ready to proceed with the election of officers, 
and declares the floor open for nominations for President Pro Tempore. 

ELECTION OF OFFICERS 

Senator Winner offers a motion that the remarks of the Senators offering nomina- 
tions and the responses of those elected be spread upon the Journal, which motion 
prevails. 

The President recognizes Senator Rauch who offers the following remarks: 

"Mr. President, Chief Justice Exum, Justices of the Supreme Court, Members of 
the Senate, Families of Senators, and Friends who are with us today. It is my special 
privilege to be permitted to place the name of Henson Perrymoore Barnes in nomina- 
tion for the position of President Pro Tern of the North Carolina Senate. Before mak- 
ing my remarks, please let me thank Senator William Staton who originally was going 
to make this nomination. We are glad Senator Staton is with us today. His health did 
not permit him to handle this chore. It is not a chore, this privilege, and I just wanted 
you to know that a lot of the information that I have was given to me by Senator 
Staton. Thank you, sir. 

"History demonstrates, that in times of need leaders come forward. Every year 
leaders come forward in the North Carolina Senate and this year, the situation is a 
little different than previous years and we are going to have several distinguished lead- 
ers. Lieutenant Governor Gardner is with us. We also are going to have Senator Hen- 
son Barnes as our President Pro Tern. 

"Senator Barnes is most fitted for this position by his character, his expertise in 
legislation, his intelligence, and his ethical and moral strength. Senator Barnes was 
born fifty-four years ago in Bladen County. He was the son of a Baptist minister and 
a God-fearing mother. He was graduated from Garland High School in Bladen 
County in 1953. Immediately upon graduation from high school, he volunteered for 
the United States Army Paratroopers for the Korean War and served in the Paratroop- 
ers from 1953 until 1956. In 1958, he was graduated from Wilmington College with 
an Associate's Degree and he went on to receive his Bachelor of Arts Degree at the 
University of North Carolina in Chapel Hill in 1959. He received his Doctorate of 
Jurisprudence Degree at the University of North Carolina Law School in 1961 and 
today he is a senior partner in the fine law firm of Barnes, Braswell, Haithcock, and 
Warren of Goldsboro. 

"Besides being a lawyer, and we all know what a fine attorney he is, he is a farmer. 
He is a raiser of blueberries. He is a member of many civic organizations, including 
the Elks, Legionnaires, Masons, and the Shriners. He has given great service to the 
State, with the North Carolina Energy Policy Council, the North Carolina Courts 
Commission, and the North Carolina Criminal Code Commission, just to name a few. 

"As a legislator, he has had many interests. He has had your interest. He has had 
my interest. I know once, there was a very difficult legal bill that I was interested in. 
There was no way that I would try it. I brought it to Senator Barnes and asked him if 
he would handle it and he did. It was something I couldn't do and he gladly came and 
did it for me, as he has done for many of you, and as he will do for all of you in the 
future. Legislation concerning legal and constitutional matters has been in his do- 
main, as well as environmental, parks and recreational legislation. The rights of mi- 
norities have been one of the things he has fought for and no one will ever forget the 
Safe Roads Act that he championed through the General Assembly. 

"Henson and Kitty have been married for seventeen years. They have two wonder- 
ful daughters, Rebecca and Amy. This is quite a family. In 1985, this family was 
nominated for the United States Family of the Year. They won local competition. 
They proceeded to win county competition as being the United States Family of the 
Year. They proceeded and won the State competition, they won the regional 



January 11, 1989 



10 SENATE JOURNAL [Session 

competition, and yes, Henson and Kitty Barnes Family won the National Family of 
the Year Award and went to Washington, D.C., where they were presented the award 
by Nancy Reagan. President Reagan was tied up with the Granada situation at the 
time. That would have been enough for an average person, but Henson went back the 
next year and was presented the Take Pride in America Environmental Award by 
President Reagan himself. Henson being the only legislator in the United States to be 
presented that award that year. 

"Henson is a gentleman in a classic sense, an independent thinker, logical, effec- 
tive speaker. A model of service, a model of statesmanship. Yet he is friendly, 
warm, and a caring human being— right down to earth. When I asked Henson how 
things were going, he said, 'Any time you plow new ground, you find more stumps and 
roots than you thought were going to be there, but we'll handle it.' And so, I am 
proud to place in nomination the name of Henson Perrymoore Barnes, as the man 
who will lead this Senate to a fine, lush, fruitful field, that will be copied by other 
states, emulated all over the United States, to make this a better State and a better 
Nation. Thank you Mr. President." 

The President recognizes Senator Basnight who offers the following remarks: 

"Mr. President, Ladies and Gentlemen of this Body, Mrs. Kitty and Family, Visi- 
tors. It is an honor and one of the great moments of my life, to stand here today and 
say a few words about one of our distinguished leaders. He represents the kind of 
character and quality that we seek in our leadership. This man shines as a responsi- 
ble, well-rounded citizen of great integrity. He has committed himself to the personal 
discipline necessary to excel in his achievement toward making a better way of life for 
the people of our State. 

"He will represent ably the people of North Carolina from the coast to the moun- 
tains, or as often said 'from Manteo to Murphy.' 

"His love and consideration for his family is shown in his everyday life; and that to 
me is an outstanding trait. 

"I am so proud and humble to second the nomination of Henson P. Barnes for 
President Pro Tern of the North Carolina State Senate." 

The President recognizes Senator Martin of Guilford who offers the following re- 
marks: 

"Thank you Mr. President, Members of the Supreme Court, Fellow Members of the 
General Assembly, Friends, Guests. This is indeed, as Senator Rauch mentioned, a 
time in which leadership is very crucial. And not just leadership, but good leadership. 
Not just good leadership, but leadership that can be trusted. Leadership that is fair. 
Leadership that looks at things from a balanced approach and that is patience. All of 
these qualities are embodied in the person of Henson P. Barnes. 

"As we serve in this General Assembly, the Senate, and as we have served, we have 
found and we continue to find many fulfilling moments, many very special and joyous 
occasions. And a part of that arises from the relationships that are developed within 
this particular Body. And I would go as far to say that all of us who have served here 
before have found that type of relationship in our dealings with Henson P. Barnes. 
And the significant contributions that he has made to this State have been noted to 
some extent by Senator Rauch and Senator Basnight. But there are many more that 
could be stated and there are many more that will never be known. 

"I would just say to you that I have had the pleasure of serving with Senator Barnes. 
This will be going into the fourth term and during that entire time I always look back at 
the moment that I first arrived in this Body. We always tend to find someone that we 
look to as a model, a role model, a person who can provide the type of guidance that 
is needed for new Members. And the first person that came to mind, the first person 
that I observed was a person who was very engaging, personable, very confident, and 
very competent. The person again being Senator Henson P. Barnes. We need 



January 11, 1989 



1989] SENATE JOURNAL 11 

leadership that is courageous, and competent, and confident— yet, compassionate and 
courteous. That, again, is Henson P. Barnes. I have had the opportunity and the 
pleasure to be his friend and one of his loyal supporters and I am proud to be counted 
among that number. 

"Therefore, I would like at this moment to experience one of the greatest periods 
that I have experienced while serving in the General Assembly— that moment of sec- 
onding the nomination of Senator Henson Perrymoore Barnes as President Pro Tern of 
the North Carolina Senate for 1989-90. Thank you." 

The President recognizes Senator Shaw who offers the following remarks: 

"Mr. President, as a member of the Minority Party, I rise to second the nomination 
of Senator Henson Barnes as President Pro Tern. I feel that under Senator Barnes' 
leadership, we will have the same fairness for every Senator as we did under Senator 
'Monk' Harrington, which was solid all the way. I might mention one thing that I 
was not aware of, that Senator Rauch mentioned. I did not know that Senator Barnes 
had been a paratrooper. And I must admit, I've always had a little wonderment in my 
mind about anybody that would jump out of an airplane before it gets on the ground. 
But I do feel that his other attributes overcome that and I gladly second the nomina- 
tion. And, Mr. President, at this time I would like to move the nominations be closed 
and that Senator Barnes be elected by acclamation. Thank you." 

The motion offered by Senator Shaw that the nominations be closed and that Sena- 
tor Henson P. Barnes be elected President Pro Tempore of the Senate by acclamation 
prevails. 

Being declared duly elected, the President appoints Senator Tally of Cumberland, 
Senator Swain of Buncombe, Senator Taft of Pitt, Senator Raynor of Cumberland, 
Senator Marvin of Gaston, Senator Staton of Wake, Senator Allran of Catawba, and 
Senator Shaw of Guilford, to escort the President Pro Tempore-elect, Senator Barnes, 
to the Well of the Senate where he receives the prescribed oath of office which is 
administered by the Honorable Willis P. Whichard, Associate Justice of the Supreme 
Court of North Carolina. Senator Barnes is recognized to address the membership 
from the Well of the Senate and offers the following remarks: 

"Thank you very much. Mr. President, Ladies and Gentlemen of the Senate, Hon- 
ored Guests, let me thank all of you and welcome you to the beginning of the 1989 
Session of the North Carolina Senate. I want to thank Senator Rauch, the Dean of 
the Senate, Senator Martin and Senator Basnight for their nomination and their kind 
words. I also want to thank each member of the Senate for your vote of confidence so 
that I may serve you as your President Pro Tern. 

"In this, the beginning of the 1989 Session, a new beginning for the Senate, let us 
consider this unique land which we call North Carolina. The word, unique, aptly 
describes our State. From Jockey's Ridge, the highest sand dune on the east coast, to 
Mount Mitchell, the highest peak east of the Mississippi River, we have a State of 
striking diversity. 

"As North Carolina is a unique land it is also a land of 'new beginnings' as it is 
described in the North Carolina atlas. The State was involved in a 'new beginning' 
when England attempted to plant the first American colony on Roanoke Island, and 
another 'new beginning' when the Wright brothers began the age of flight at Kitty 
Hawk. The University of North Carolina was another 'new beginning' as it was the 
first state university which opened its doors to students, and this building in which we 
are present today, was a 'new beginning' as it was the first legislative building con- 
structed solely for the use of a legislature. And the list of 'new beginnings' for North 
Carolina goes on. Each 'new beginning' provided our people an opportunity to grow 
and develop as individuals. Surely our State is a land where 'the weak grow strong 
and the strong grow great. ' 



January 11, 1989 



12 SENATE JOURNAL [Session 

"Today marks a 'new beginning' for the North Carolina Senate. The Senate will 
organize itself, appoint its committees and the chairs for those committees, and assign 
bills. We shall be accountable to the people of North Carolina and by working to- 
gether we can accomplish our common goals. As both the Democrat and Republican 
Parties have this day joined together to elect the officers in this Body, then let us work 
together for the greater good of North Carolina. 

"We must keep our commitment to the school children of our State. The basic 
education plan cannot be delayed. We must look at and provide a merit pay system 
for our State employees. The services we provide as a State are only delivered through 
the efforts of dedicated State employees. We must find a way to provide better pay to 
our teachers. The future of our State depends on keeping good teachers in the class- 
room. We must look at the problem of the lack of good jobs in rural North Carolina. 
In order to do this we must look again at our intrastate highway system and provide a 
four-lane highway within ten miles of ninety percent of every person living in this 
State. More than any other one thing, good roads provide us with increased produc- 
tivity in our economy and a better distribution of jobs. We need to nurture our existing 
industries and encourage new industry to locate in North Carolina. Without the jobs 
and revenues provided by these corporate citizens, our future would indeed be bleak. 
As we work for progress, we must work diligently for improvements in our environment 
and our State parks. It is also necessary that we intensify our war against drugs. 

"The Senate's 'new beginning' will not be easy. In the words of Jonathan Daniels, 
'We have traditions which are precious to us — and a destiny worthy of the best in 
us... .' To find our way may not be easy, but a better way must be found. The 
people in this State expect us to look at these issues, as well as many others, in this 
Session. Our problems are great, but our opportunities are greater. We cannot be 
deterred by problems which are large or small, but we must proceed with confidence 
toward the task of reaching the best possible solution to the problems facing our State. 
Despite any and all difficulties, the Senate, by working together can and will serve the 
best interest of our people. 

"In closing, let me say, again, I thank you for this opportunity to serve as your 
President Pro Tern. Together we can and will build a better, friendlier and more pro- 
ductive North Carolina. Thank you." 

The President declares the floor open to receive nominations for a Deputy President 
Pro Tempore and recognizes Senator Conder who offers the following remarks: 

"Thank you very much. Mr. President, Judge Exum, Honored Supreme Court Jus- 
tices, Fellow Members of the North Carolina Senate, and Ladies and Gentlemen 
seated here today and standing. 

"I consider it a tremendous honor to have the opportunity to nominate a great 
American, a great North Carolinian, a great legislator, a wonderful father, and a 
loving husband to the Office of Deputy President Pro Tempore of the North Carolina 
Senate. 

"Kenneth Claiborne Royall, Jr. has directly and/or indirectly touched more lives in 
his twenty-two years of service to the North Carolina General Assembly than any 
other single one person that I know in this great State. The present greater university 
system, our mental health delivery system, the fiscal integrity of our State with our 
AAA bond rating are only a few of the many, many accomplishments that this dedi- 
cated man has helped create. 

"Ken Royall has been Senate Majority Leader, Chairman of Ways and Means, 
served on Governmental Operations for fourteen years, Chairman of the Advisory 
Budget Commission and others too numerous to mention. Any time we have a prob- 
lem, we all turn to Ken Royall. 

"He is recognized nationally when he has served as Chairman of the Council of 
State Governments, Chairman of the Southern Legislative Conference, and Member of 



January 11, 1989 



1989] SENATE JOURNAL 13 

the Executive Committee of the National Conference of the State Legislatures. He is 
continued to be called on by the organization for advice and leadership. 

"Locally, Ken Royall was Chairman of Durham County Board of Education, Presi- 
dent of the Merchants Association, and active in the Chamber of Commerce. 

"Ken Royall has received our Honorary Doctor of Law Degree from North Carolina 
Central University and Duke University. Pretty good for a Carolina man! Senator 
Royall's strong presence is no accident. 

"Ken Royall is the son of the last Secretary of War under President Harry S. 
Truman. Ken, himself, served in the U.S. Marines where he received the Bronze 
Star. Ken Royall is the greatest putter I have ever seen. 

"The highlight of Ken's life was when he married Julia Bryan Zollicoffer from Hen- 
derson, North Carolina. They have three children: Kenneth Claiborne Royall III, Jere 
Zollicoffer Royall and Julia Bryan Royall. Ken and Julia also have three grandchil- 
dren." 

The President recognizes Senator Winner who offers the following remarks: 

"Mr. President, Chief Justice Exum, Members of the Supreme Court, Members of 
the Senate, Friends and Family, when I was honored by the request to make this 
speech, I immediately wondered what could I say about this man, Ken Royall, in two 
or three minutes. Ken Royall might ask whether I could say anything in two or three 
minutes. But, I'm really troubled. How could you pay tribute to such a great man as 
Ken Royall in such a short time? 

"As I thought about that, I thought of another Senator from a different Senate and a 
different time whom I'd not thought about in many years. That Senator was Richard 
Russell of the State of Georgia. Senator Russell was the Kenneth Royall of the United 
States Senate during the 30 's and 40 's and early 50' s. He was so devoted to the 
United States Senate and to the United States that it was said that Russell, who was in 
private life a bachelor, was married to the United States. So it is that I have con- 
cluded that Senator Kenneth Royall is actually a bigamist. For as he married the 
lovely Julia forty-three years ago and was and is faithful and devoted to her, so has he 
been faithful and devoted to the State of North Carolina for these twenty-two years. 
In effect he married North Carolina, too. 

"It is, therefore, my honor to second the nomination of Senator Kenneth Claiborne 
Royall, Jr. for the post of Deputy President Pro Tempore. He honors us all by agree- 
ing to serve us all there." 

The President recognizes Senator Cobb who offers the following remarks: 

"Thank you Mr. President, Mr. Chief Justice, Distinguished Justices, Fellow Mem- 
bers of the Senate. There have been very rare occasions on this floor where I have 
been known to engage in bipartisan debate. And this is one time when it is a genuine 
pleasure for me to second a nomination of Senator Kenneth Royall. 

"It has been my pleasure to know Kenneth from my days back in the House, back in 
the early 1970's. He was nominated to it when I was on the Advisory Budget Com- 
mission. The little bit that I know about the budget process, I learned from Senator 
Royall. We do get into squabbles from time to time, we do argue back and forth, but 
one of the true rewards of service in this Body or in the House is the friendships that 
develop over the years. It is an honor for me to be able to say that Kenneth has been 
and I hope will continue to be a friend. I must confess when he was talking about not 
running last time, I urged him to reconsider. Because, he means a lot more to this 
Body than any partisan considerations can. I am delighted that he did choose to come 
back and I am honored to second his nomination. Thank you." 

Senator Rauch offers a motion that the nominations be closed and that Senator 
Kenneth C. Royall be elected Deputy President Pro Tempore of the Senate by accla- 
mation, which motion prevails. 



January 11, 1989 



14 SENATE JOURNAL [Session 

Being declared duly elected, the President appoints Senator Harris of Cleveland, 
Senator Plyler of Union, Senator Hunt of Durham, Senator Martin of Pitt, Senator 
Murphy of Duplin, Senator Richardson of Mecklenburg, Senator Carpenter of Macon, 
and Senator Johnson of Cabarrus to escort the Deputy President Pro Tempore-elect to 
the Well of the Senate where he receives the prescribed oath of office which is admini- 
stered by the Honorable James G. Exum, Chief Justice of the Supreme Court of North 
Carolina. 

Senator Royall is recognized to address the membership from the Well of the Senate 
and offers the following remarks: 

"Mr. President, Distinguished Members of the Senate, Honorable Members of the 
Judiciary, my wife, Julia, and my son, Kenneth, Visitors and Gue^s. 

"I want to thank the Chief Justice of our State Supreme Court, Justice James Exum 
for administering the oath of office. My sincere thanks to Senator Richard Conder, 
Senator Dennis Winner and Senator Larry Cobb for their nominating speeches. I also 
want to thank the members of my escort group, Senator Ollie Harris, Senator Aaron 
Plyler, Senator Ralph Hunt, Senator Wendell Murphy, Senator Bob Martin, Senator 
Jim Richardson, Senator Robert Carpenter and Senator Jim Johnson. 

"I look forward to working with the President of the Senate, the Honorable James 
C. Gardner, the Lieutenant Governor of North Carolina. 

"It will be an honor and a pleasure to work with the President Pro Tempore, Senator 
Henson Barnes, a fine individual and an extraordinary legislator, one who will give 
strength and direction to the Senate as President Pro Tempore. We are also fortunate 
to have Senator Marshall Rauch as Dean of the Senate and Senator Ted Kaplan as 
Majority Leader, both are highly capable, bringing noteworthy experience to this 
Chamber. I also look forward to working with you, my colleagues, and I feel certain 
that working together, we will make the best decisions for this great State. Addition- 
ally, I feel confident knowing that the Senate Principal Clerk, Sylvia Fink, the Ser- 
geant-at-Arms, Gerda Pleasants, and the Senate Reading Clerk, Roy Clark will con- 
tinue their fine work with us in 1989. I also want to thank the dedicated members of 
our legislative staff, who continually perform an outstanding job for us. 

"On this occasion, please accept my warmest personal thanks for the opportunity to 
continue in the service of the Senate in the position of Deputy President Pro Tempore. 
You have given me an honor for which I am truly grateful. 

"My initial reaction to this office two years ago was a source of great personal satis- 
faction. 

"I feel doubly honored today to be re-elected. My heartfelt appreciation goes to 
each of you. 

"I have tremendous expectations for this Session and two particular ambitions for 
each of us and the entire State. Those ambitions are: 

One: That this Senate will become more cohesive, stronger, and more produc- 
tive with each passing day. 

Two: That when the last gavel falls you and I will be able to turn to our forty-nine 
colleagues and truthfully address each of them as a personal friend and say, 'A job 
well done. ' 

"No question about it shifting political winds have created the potential for division 
and conflict in the leadership echelon of the Senate. 

"Potential is one thing; actuality is another. 

"We should do everything possible to prevent partisan strife from becoming an ac- 
tuality. 

"I will do my utmost in that regard and I am certain that all members of the Senate 
will do likewise. 

"And the same goes, I feel certain, for our new President, the Lieutenant Governor 
of North Carolina, the Honorable James C. Gardner. 



January 11, 1989 



1989] SENATE JOURNAL 15 

"On any question coming before this body, the ultimate test should not be: Will 
it serve my Party? The ultimate test must be: Will it serve all citizens of North 
Carolina? 

"The time for clear thinking has arrived. 
"The time for rejection of political opportunism is now. 

"Let me leave with you a message from out of the past that pretty well describes the 
challenge you and I now face. 

"In the prepared text of the Austin, Texas speech that President John F. Kennedy 
did not live to deliver, he was to speak to his fellow Democrats as follows: 
'Our duty as a Party is not to our Party alone, but to the nation, and 
indeed to all mankind. Our duty is not merely the preservation of 
political power but the preservation of peace and freedom. 
'So let us not be petty when our cause is so great. Let us not quarrel 
amongst ourselves when our nation's future is at stake. Let us stand 
together with renewed confidence in our cause — united in our heritage 
of the past and our hopes for the future— and determined that this land 
we love shall lead all mankind into new frontiers of peace and abun- 
dance.' 
"Fellow Senators, substitute the word 'state' for the word 'nation' and this message 
is a precise statement of the challenge that confronts you and me at this moment in 
time. 

"Again, let me express to you my appreciation for the trust you have placed in me 
again today. I shall honor it in all I undertake to do in the months that lie ahead. 
Thank you very much." 

The President declares the floor open to receive nominations for the Office of Princi- 
pal Clerk. 

The President recognizes Senator Speed who offers the following remarks: 

"Mr. President, Mr. Chief Justice, Honorable Justices of the Supreme Court, Fel- 
low Members of the Senate, Ladies and Gentlemen, I arise to place the name of Miss 
Sylvia Morris Fink in nomination for the Office of Principal Clerk of the North Caro- 
lina Senate during the 1989-90 Session of the General Assembly. 

"Sylvia needs no introduction to the members of this Body. She has served with 
efficiency, loyalty, and dedication. She has not been absent from work a single day 
during the entire time of her employment at the General Assembly. 

"We are fortunate to have a person of this caliber available to serve us in the impor- 
tant session that is now beginning. 

"Sylvia was born in Charlotte on August 8, 1936; received her education at Mount 
Holly High School and Pfeiffer College and went on to serve with honor in several 
important positions, including Deputy Clerk of the North Carolina Court of Appeals. 
She also served a period of employment with Duke Power Company, Cannon Mills, 
and the Charlotte Chamber of Commerce. 

"Sylvia has served as Senate Principal Clerk since 1976 and prior to that was Senate 
Journal Clerk 1975-76, and Assistant Journal Clerk 1973-74. She is a member of the 
Executive Committee of the American Society of Legislative Clerks and Secretaries 
and has made many friends throughout the United States as well as in North Carolina. 
She has been active in the Democratic Women's organizations, and the Methodist 
Church. Sylvia has one daughter, Paige Elizabeth, who is a student at the University 
of North Carolina at Wilmington. 

"Sylvia has served us long and well and is eminently qualified to serve in this very 
important position during the 1989-90 Session. 

"It is my distinct pleasure to place the name of Sylvia Morris Fink in nomination to 
serve as Principal Clerk during the 1989-90 Session." 



January 11, 1989 



16 SENATE JOURNAL [Session 

The President recognizes Senator Soles who offers the following remarks: 

"Mr. President, Mr. Chief Justice, other Distinguished Members of the Court, La- 
dies and Gentlemen of the Senate. For more than twenty years now I have had the 
opportunity to serve first in the House of Representatives and then in the Senate. 
During those years I have had an opportunity to observe various Principal Clerks go 
about their duties. Sylvia Fink is certainly top among the best. She is both courte- 
ous—she is efficient. She is an expert when it comes to parliamentary procedure and 
she is an expert in the knowledge of the Rules of the Senate. We would do ourselves 
well to re-nominate her — re-elect her as our Principal Clerk and I am pleased to sec- 
ond that nomination." 

Senator Soles offers a motion that the nominations be closed and that Sylvia Morris 
Fink be elected Principal Clerk of the Senate by acclamation, which motion prevails. 

Being declared duly elected, the President appoints Senator Goldston of Rockin- 
gham, Senator Daniel of Caswell, Senator Ballance of Warren, Senator Odom of 
Mecklenburg, Senator Bryan of Iredell, and Senator Simpson of Burke, to escort The 
Principal Clerk-Elect of the Senate to the Well of the Senate where she receives the 
prescribed oath of office which is administered by the Honorable John Webb, Associ- 
ate Justice of the Supreme Court of North Carolina and assumes her seat. 

The President declares the floor open to recieve nominations for the Office of Read- 
ing Clerk. 

The President recognizes Senator Johnson of Wake who offers the following re- 
marks: 

"Mr. President, Ladies and Gentlemen of the Senate, I rise to nominate LeRoy 
Clark as Reading Clerk of the 1989 Senate. As we look at change, we also look for 
stabilities. Those things that are tried and true should be retained. Roy has served 
this State well in his public service as Reading Clerk. Those of us who have previously 
served know of what I speak. Those of you who are new will find out. LeRoy Clark 
will continue his fine work and we can ask for nothing more. I asked him, 'What did 
you want me to say in my nominating speech?' He said, 'Please keep it short,' and I 
shall. Again, I am pleased to nominate Mr. Clark of Wake County as Reading 
Clerk." 

The President recognizes Senator Sherron who offers the following remarks: 

"Fellow Senators, Guests. It is a pleasure that I rise to second the nomination of a 
fellow native of Wake County. Roy was born and reared in Wendell and grew up on a 
tobacco farm there and has been in the tobacco business all of his life. He presently is 
an auctioneer and has served the Senate for many years now as the Principal Reading 
Clerk. I ask you to support Roy in this nomination as Principal Reading Clerk of the 
North Carolina Senate." 

The President recognizes Senator Speed who offers the following remarks: 

"Mr. President, Members of the Supreme Court, Fellow Members of the Senate. It 
is my pleasure to second the nomination of Mr. Roy Clark for the important position 
of Reading Clerk. Roy has served in this position many years and we all know that he 
has done an outstanding job. Roy has the ability and the initiative to do well in any 
undertaking in which he chooses to do. I have known Roy for many years. I have 
worked with him in the tobacco business before he came to the North Carolina Senate 
and he served with distinction in that capacity. Roy is a very fine citizen of the City of 
Wendell, here in Wake County, and has done many good things in the area of com- 
munity service. It is my pleasure to second this nomination. Thank you Mr. Presi- 
dent." 



January 11, 1989 



1989] SENATE JOURNAL 17 

Senator Johnson of Wake offers a motion that the nominations be closed and that 
LeRoy Clark, Jr. be elected Reading Clerk of the Senate by acclamation which motion 
prevails. 

Being declared duly elected, the President appoints Senator Walker of Randolph, 
Senator Barker of Pamlico, Senator Block of New Hanover, Senator Chalk of Guil- 
ford, Senator Hardin of Haywood, and Senator Daughtry of Johnston to escort the 
Reading Clerk-elect to the Well of the Senate where he receives the prescribed oath of 
office which is administered by the Honorable Henry E. Frye, Associate Justice of the 
Supreme Court of North Carolina, and assumes his seat. 

The President declares the floor open to receive nominations for the Office of Ser- 
geant-at-Arms. 

The President recognizes Senator Harris who offers the following remarks: 

"Mr. President, Distinguished Members of the North Carolina Supreme Court, Sen- 
ate Members, Members of the North Carolina Senate Staff and Guests. It is a pleas- 
ure for me to nominate Mrs. Gerda Pleasants as Sergeant-at-Arms of the North Caro- 
lina Senate for the 1989-90 Session. 

"Mrs. Pleasants is a native of Germany who came to America and married Robert 
Pleasants, who was Sheriff of Wake County for many years and who is in the gallery 
even though in bad health at this time. 

"Mrs. Pleasants may be small in statue but high in ability." 

The President recognizes Senator Hunt of Moore who offers the following remarks: 

"Mr. President, Mr. Chief Justice, Justices of the Supreme Court, Members of the 
Senate, Ladies and Gentlemen in our audience. I welcome the opportunity to nomi- 
nate Gerda Pleasants for the Senate, 1989-90, Sergeant-at-Arms position. A posi- 
tion to which she is well qualified, having served the members of this Body for twenty- 
two years. Mrs. Pleasants was the first woman in the history of our Nation to serve as 
a Sergeant-at-Arms. I, with pleasure, ask you to close the nominations and we vote 
by acclamation. Thank you Mr. President." 

The motion of Senator Hunt of Moore that the nominations be closed and that Mrs. 
Gerda Pleasants be elected Sergeant-at-Arms of the Senate by acclamation prevails. 

Being declared duly elected, the President appoints Senator Guy of Onslow, Senator 
Sands of Rockingham, Senator Ward of Forsyth, Senator Parnell of Robeson, Senator 
Kincaid of Caldwell, and Senator Cochrane of Davie to escort the Sergeant-at-Arms- 
elect to the Well of the Senate where she receives the prescribed oath of office which is 
administered by the Honorable Harry C. Martin, Associate Justice of the Supreme 
Court of North Carolina and assumes her seat. 

The President of the Senate directs the Reading Clerk to read as follows: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

January 11, 1989 

President and Members of the 1989 Senate 

Senate Chamber 

State Legislative Building 

Raleigh, North Carolina 



January 11, 1989 



18 SENATE JOURNAL [Session 

Dear President Gardner and Fellow Senators: 

At the Democratic Caucus held on December 1, 1988, with a quorum being present, 
Senator Ted Kaplan was elected Senate Majority Leader for the 1989 Session. 

Respectfully submitted, 
S/Marshall A. Rauch 
Caucus Chairman 

The President of the Senate recognizes Senator Kaplan, who addresses the member- 
ship, as follows: 

"Thank you Mr. President. Ladies and Gentlemen of the Senate. First let me 
thank my Democratic colleagues for their confidence in me. And I want to congratu- 
late Senator Cobb, as Minority Leader and tell him that we are pledged to work with 
you as you have pledged to work with us. Mr. President, we look forward to an in- 
vigorating session, one in which give and take will be limited, we hope, so that the 
people of North Carolina will benefit. Thank you." 

The President of the Senate directs the Reading Clerk to read as follows: 

NORTH CAROLINA GENERAL ASSEMBLY 

Senate Chamber 

State Legislative Building 

Raleigh 27611 

January 11, 1989 

This is to certify that the following members were duly elected at the Republican Cau- 
cus on December 10, 1988: 

Minority Leader - Senator Laurence Cobb 
Minority Whip - Senator Paul Smith 

Dean - Senator Donald Kincaid 

S/Donald R. Kincaid 

The President of the Senate recognizes Senator Cobb, who addresses the member- 
ship, as follows: 

"Thank you Mr. President. It is very rare that I speak twice in the same day. And 
the Cloraseptic is beginning to wear off as you may hear, but as members of the loyal 
opposition in the back row, Mr. President, you know you will have our support. But 
more I want to say to my colleagues up front, that we are pledged to trying to work for 
the good of the State of North Carolina. We will have our squabbles along the way, 
but I think we have a real difficult task ahead of us. And I pledge to you that we will 
do our best to work with you, so that when we do go home that last day of the session, 
we can be proud of what we accomplished. Thank you." 



RULES OF THE SENATE 

Senator Cobb offers a motion that the Rules of the 1987 Senate, As Amended, be 
adopted as the temporary Rules of the 1989 Senate and calls for the "ayes" and 
"noes" on the motion. The call is sustained. 

Senator Barnes offers a substitute motion that the Rules of the 1987 Senate, As 
Amended, be adopted as the temporary Rules of the 1989 Senate with the exception of 
Rules 10, 31, 32, 34, 41, 42.5, 43, 44, 44.1, 46, 47, 50, 53, 54, 57, 58, 59, 60, 63, 
and 77, which are rewritten to read as follows: 



January 11, 1989 



1989] SENATE JOURNAL 19 

RULE 10. Points of order. — (a) The President shall preserve order and deco- 
rum and proceed with the business of the Senate according to the rules adopted. He 
shall decide all questions of order, subject to an appeal to the Senate by any member, 
on which appeal no member shall speak more than once unless by leave of the Senate. 
A two-thirds vote of the membership of the Senate present and voting is necessary to 
sustain any appeal from the ruling of the Chair. 

(b) In the event the Senate Rules do not provide for, or cover any point of order 
raised by any Senator, the rules of the United States House of Representatives shall 
govern. 

(c) When a Senator is called to order he shall take his seat until the President 
determines whether he was in order or not; if decided to be out of order, he shall not 
proceed without the permission of the Senate; and every question of order shall be 
decided by the President, subject to an appeal to the Senate by any Senator; and if a 
Senator is called to order for words spoken, the words excepted to shall be immedi- 
ately taken down in writing, that the President or Senate may be better able to judge 
the matter. 

RULE 31. Appointment of Committees. — (a) The President Pro Tempore of 
the Senate shall have the exclusive right and authority to appoint the majority party's 
membership of all committees, regular and select, and to appoint committee chairmen 
and vice-chairmen, and to establish select committees, but this does not exclude the 
right of the Senate, by resolution, to establish select committees. The Minority 
Leader shall have the exclusive right and authority to appoint all minority party's 
members of said committees and appoint the ranking minority member. Upon the 
recommendation of the committee on Rules and Operation of the Senate, the Senate 
may authorize by majority vote of the Senators present and voting a change in the 
number of standing committees. 

(b) The President Pro Tempore and Minority Leader shall designate their party's 
members to all standing committees at the beginning of the session. 

RULE 32. List of standing committees.— The standing committees shall be: 
Alcoholic Beverage Control 
Agriculture 
Appropriations 

Appropriations on Education 

Appropriations on General Government 

Appropriations on Human Resources 

Appropriations on Justice and Public Safety 

Appropriations on Natural and Economic Resources 
Banks and Thrift Institutions 
Base Budget 
Children and Youth 
Constitution 
Education 
Election Laws 

Environment and Natural Resources 
Finance 

Higher Education 
Human Resources 
Insurance 
Judiciary I 
Judiciary II 
Judiciary III 

Local Government and Regional Affairs 
Manufacturing and Labor 
Marine Resources and Wildlife 



January 11, 1989 



20 SENATE JOURNAL [Session 

Pensions and Retirement 

Public Utilities 

Rules and Operation of the Senate 

Small Business 

State Government 

State Personnel 

Transportation 

Veteran Affairs, Law Enforcement, and Senior Citizens 

Ways and Means 

RULE 34. Membership of Committees; Quorum.— Membership on standing 
committees shall consist of not more than 20 nor less than 5 Senators, including the 
chairman and vice-chairmen and ranking minority member; provided that the Appro- 
priations Committee, Base Budget Committee, and Finance Committee shall not be 
limited as to membership. The President Pro Tempore shall have the exclusive right 
and authority to determine the number of members of each committee. Membership 
of each standing committee shall with respect to each political party be in the same 
proportion to the nearest whole person as the proportion of membership by political 
party in the entire Senate. No Senator shall hold membership on more than 12 stand- 
ing committees unless the committee on Rules and Operation of the Senate provides 
otherwise. 

A quorum of the Appropriations, Base Budget, Ways and Means, and Finance 
Committees shall consist of a majority of the committee. A quorum of any other 
committee shall consist of either the chairman and 5 members or a majority of the 
committee, whichever is fewer. 

RULE 41. Deadlines on Filing for Introduction of Bills and Resolu- 
tions. — (a) All Senate bills prepared to be introduced by departments, agencies or 
institutions of the State must be filed for introduction in the Senate not later than the 
third Thursday in April (April 16) of the first year of the biennial session. All Senate 
local bills must be filed for introduction in the Senate not later than the third Thursday 
in April (April 16) of the first year of the biennial session; provided that any local 
measure submitted to the Bill Drafting Division of the Legislative Services Office by 
3:00 p.m. by the preceding Wednesday and filed for introduction in the Senate by the 
next Wednesday (April 22) shall be treated as if it had been filed for introduction 
pursuant to this subsection. All resolutions, except those honoring the memory of 
deceased persons, must be filed for introduction in the Senate not later than April 16 
of the first year of the biennial session. All public bills except appropriations bills or 
adjournment resolutions must be filed for introduction by April 30. All appropriations 
bills must be filed for introduction by May 21. A two-thirds (2/3) vote of the mem- 
bership of the Senate present and voting shall be required to file for introduction any 
bill or resolution after May 21 of the first year of the biennial session. This rule shall 
not apply to a bill or resolution proposing adjournment or a budget, proposing or rati- 
fying a constitutional amendment, calling for a constitutional convention, or to any 
reconvened session following the adjournment of the first year of the biennial session. 

(b) In order to be eligible for consideration by the Senate during the first regular 
session, all House Bills other than finance bills or appropriations bills or adjournment 
resolutions, must be received and read on the floor of the Senate as a message from 
the House no later than May 28 of the first regular session; provided that a message 
from the House received by the next legislative day stating that a bill has passed its 
third reading and is being engrossed shall comply with the requirements of this subsec- 
tion and provided that the House has a similar rule. 

(c) No Senate local appropriations bill may be filed for introduction in the Senate 
during the second year of the biennial session unless it is filed for introduction on or 
before June 16 of the second year of the biennial session. 



January 11, 1989 



1989] SENATE JOURNAL 21 

RULE 42.5. Appropriations Committee Meetings.— Not withstanding the 
provisions of G.S. 143-14, and pursuant to the last sentence thereof, the Appropria- 
tions Chairman may in his or her sole discretion direct that the Appropriations 
Committee or its subcommittees or both may consider the budget and the budget plan 
including all appropriations in separate meetings from the House of Representatives 
and may do all things set forth in said Statute separately from the House of Represen- 
tatives. 

RULE 43. First Reading; Reference to Committee.— All bills filed upon 
presentation to the Senate shall be read in regular order of business by their number 
and title which shall constitute the first reading of the bill and unless otherwise dis- 
posed of the Reading Clerk shall announce the referral of the bill which shall have 
been referred by the Principal Clerk of the Senate under the supervision of the Chair- 
man of the Committee on Rules and Operation of the Senate or in his absence the 
Vice-Chairman of said Committee. The Principal Clerk shall inform the Presiding 
Officer of the referral. The title and referral shall be entered upon the Journal. 

Bills may be referred to more than one committee serially, i.e. "S.B. is referred 

to the Committee on Agriculture and upon a favorable report referred to the Appro- 
priations Committee." 

RULE 44. Bills to receive three readings.— Every bill shall receive three read- 
ings previous to being passed, and the President shall give notice at each whether it be 
the first, second, or third. After the first reading, unless a motion is made by some 
Senator, the Reading Clerk shall announce the referral as set forth in Rule 43. No bill 
shall be amended upon the floor of the Senate until it has been twice read. Senate 
simple resolutions shall not require three readings. 

RULE 44.1. Vote required on public bills or resolutions filed after May 
21. — No public bill or resolution filed in either house, during the first year of the regu- 
lar session after May 21, shall pass either its second or third readings unless voted on 
affirmatively by two-thirds (2/3) of the membership of the Senate present and voting. 
This subsection shall not apply to a bill or resolution proposing adjournment, an emer- 
gency appropriation, continuance and/or expansion of the State budget, or changes in 
State revenues; proposing or ratifying a constitutional amendment; or calling for a 
constitutional convention; or to bills authorized for introduction during the reconvened 
session under the resolution adjourning the session held during the first year of the 
biennium. 

RULE 46. Unfavorable report by committee. — (a) All bills reported unfa- 
vorably by the committee to which they were referred, and having no minority report, 
shall lie upon the table, but may be taken from the table, and placed upon the calen- 
dar by a two-thirds vote of the membership of the Senate present and voting. 

(b) When a bill is reported by a committee with an unfavorable report, but accom- 
panied by a minority report, signed by at least three members of the committee who 
were present and who voted on the bill when the bill was considered in committee, 
then the minority report shall be placed on the calendar and considered the following 
day, and the question before the Senate shall be "The adoption of the Minority Re- 
port." If the minority report is adopted by a majority vote, the bill shall be placed 
upon the calendar; if the minority report is not adopted, the bill shall lie upon the 
table. 

RULE 47. Recall of bill from committee.— When a bill has been introduced 
and referred to a committee, if after 10 days the committee has failed to report 
thereon, then the author of the bill may, after three days' public notice given in the 
Senate and delivered in writing to the chairman of the committee, on motion supported 
by a vote of two-thirds of the membership of the Senate present and voting, recall the 
bill from the committee to the floor of the Senate for consideration and such action 



January 11, 1989 



22 SENATE JOURNAL [Session 

thereon as a majority of the Senators present may direct. This rule shall not be tem- 
porarily suspended without one day's notice on the motion given in the Senate and 
delivered in writing to the chairman of the committee and to sustain that motion two- 
thirds of the membership of the Senate present and voting shall be required. 

RULE 50. Third reading requirements.— No bill on its third reading shall be 
acted upon out of the regular order in which it stands on the calendar, and no bill shall 
be acted upon on its third reading the same day on which it passed its second reading, 
unless so ordered by two-thirds of the membership of the Senate present and voting. 

RULE 53. Effect of defeated bill. — (a) After a bill has been tabled, or has 
failed to pass on any of its readings, the contents of such bill or the principal provi- 
sions of its subject matter shall not be embodied in any other measure. Upon the point 
of order being raised and sustained by the Chair, such measure shall be laid upon the 
table, and shall not be taken therefrom except by a vote of two-thirds of the member- 
ship of the Senate present and voting: Provided, no local bill shall be held by the 
Chair as embodying the provisions, or being identical with any statewide measure 
which has been laid upon the table or failed to pass any of its readings. 

(b) When a bill has been postponed indefinitely by the Senate, the bill shall lie 
upon the table, and shall not be taken therefrom except by a vote of two-thirds of the 
membership of the Senate present and voting. 

RULE 54. Taking bill from table.— No bill which has been laid upon the table 
shall be taken therefrom except by a vote of two-thirds of the membership of the Sen- 
ate present and voting. 

RULE 57. Conference committees. — Whenever the Senate fails to concur in 
amendments or committee substitutes put by the House to a bill originating in the 
Senate, or whenever the House of Representatives fails to concur in amendments or 
committee substitutes put by the Senate to a bill originating in the House, a conference 
committee shall be appointed by the President Pro Tempore of the Senate or in his 
absence the Deputy President Pro Tempore, upon motion, and the bill under consid- 
eration shall thereupon go to and be considered by the joint conferees on the part of 
the Senate and House of Representatives. In considering matters in difference be- 
tween the Senate and House committed to the conferees, only such matters as are in 
difference between the two houses shall be considered by the conferees, and the con- 
ference report shall deal only with such matters. The conference report shall not be 
amended. Except as herein set out, the rules of the United States House of Represen- 
tatives shall govern the appointment, conduct, and reports of the conferees. 

RULE 58. Certification of passage of bills.— The Principal Clerk shall certify 
the passage of bills by the Senate, with the date thereof, together with the fact whether 
passed by vote of three-fifths or two-thirds of the membership of the Senate present 
and voting, whenever such vote may be required by the Constitution or laws of the 
State. 

RULE 59. Transmittal of bills to House.— No bill shall be sent from the Sen- 
ate on the day of its passage except on the last day of the session, unless otherwise 
ordered by a vote of two-thirds of the membership of the Senate present and voting. 

RULE 60. Pages. — The President Pro Tempore of the Senate shall appoint pages. 
The President Pro Tempore, or such person as he may designate, shall supervise the 
pages and assign to them their duties. Each page shall be at least 14 years of age. 

RULE 63. Committee clerks and secretaries. — (a) Each committee shall 
have a clerk. The clerk to a committee shall serve as secretary to the chairman of that 
committee. 

(b) Each member shall be assigned a secretary, unless he or she has a committee 
clerk to serve as his or her secretary. 



January 11, 1989 



1989] SENATE JOURNAL 23 

(c) The selection of said clerk and/or secretary shall be the prerogative of the indi- 
vidual member. Such clerks and secretaries shall file initial applications for 
employment with the Supervisor of Clerks and shall receive compensation as pre- 
scribed by the Legislative Services Commission. The employment period of clerks and 
secretaries shall comply with the period as established by the Legislative Services 
Commission unless employment for an extended period is approved by the President 
Pro Tempore. The clerks and secretaries shall adhere to such uniform regulations and 
other conditions of employment (including retention) under the direction of the Super- 
visor of Clerks as the Committee on Rules and Operation of the Senate shall adopt. 

(d) The Supervisor of Clerks and any assistants shall be appointed by the President 
Pro Tempore of the Senate. 

RULE 77. Alterations, suspension or rescission of rules. — (a) These rules 
may not be permanently rescinded or altered except by Senate simple resolution passed 
by a two-thirds vote of the membership of the Senate. The introducer of the resolution 
must, on the floor of the Senate, give notice of his intent to introduce the resolution on 
the legislative day preceding its introduction. 

(b) Except as otherwise provided herein, the Senate, upon two-thirds vote of the 
membership of the Senate present and voting, may temporarily suspend any of these 
rules. 

Upon the request of Senator Cobb of Senator Barnes to yield the floor for a question, 
Senator Barnes raises a point of order as to the member awarded the floor for the 
purpose of debate retaining the floor to continue debate when yielding to a member 
posing a question. The Chair sustains the point of order, ruling the member yields 
solely for the purpose of answering the question posed and retains the floor for further 
debate. Senator Barnes consequently yields to Senator Cobb for the stated purpose 
and subsequently continues debate. 

Senator Barnes calls the previous question, seconded by Senator Winner. The call 
is sustained. Senator Cobb calls for the "ayes" and "noes" on the substitute motion 
offered by Senator Barnes. The call is sustained. 

Senator Cobb calls for a division of the question. The Chair rules the call for divi- 
sion, as requested after the vote on the call for the previous question, out of order. 
Senator Cobb withdraws the request for a division of the question. 

The substitute motion offered by Senator Barnes that the Rules of the 1987 Senate, 
As Amended, with Rules 10, 31, 32, 34, 41, 42.5, 43, 44, 44.1, 46, 47, 50, 53, 54, 
57, 58, 59, 60, 63, and 77 rewritten prevails by roll-call vote, ayes 37, noes 13, as 
follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Conder, Daniel, Ezzell, Goldston, Guy, Harris, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Sherron, Soles, 
Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 37. 

Voting in the negative: Senators Allran, Bryan, Carpenter, Chalk, Cobb, 
Cochrane, Daughtry, Hardin, Johnson of Cabarrus, Kincaid, Shaw, Simpson, and 
Smith— 13. 

The Chair declares the temporary Rules of the 1989 Session adopted. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



January 11, 1989 



24 SENATE JOURNAL [Session 

House of Representatives 
January 11, 1989 

Mr. President: 

It is ordered that a message be sent to the Senate informing that Honorable Body 
that the House of Representatives is organized and is now ready to proceed with the 
public business and has elected the following officers: 

Speaker: Josephus L. Mavretic 

Speaker Pro Tempore: R. D. Beard 

Principal Clerk Grace A. Collins 

Reading Clerk Sam J. Burrows, Jr. 

Sergeant at Arms Larry P. Eagles 

Respectfully, 
S/Grace Collins 
Principal Clerk 

A special message is ordered sent to the House of Representatives informing that 
Honorable Body that the Senate is organized and ready to proceed with public busi- 
ness. 



COMMITTEE APPOINTMENTS 

Senator Barnes President Pro Tempore, announces the appointment of Senator 
Winner as Chairman of the Rules and Operation of the Senate Committee. 

Dr. Vernon C. Tyson, Pastor of Edenton Street Methodist Church, Raleigh, is rec- 
ognized as the Senate Chaplain for the 1989 Session of the North Carolina General 
Assembly. 

The President recognizes Ms. Delores Steele, serving as Supervisor of Pages for this 
Session, and the following pages serving in the Senate this week: 

Melanie Blackard, Yanceyville; Elizabeth Crocker, Selma; Wray Faulkner, Yan- 
ceyville; Anna Fitzgerald, Selma; Scott Long, Selma; Amanda Moore, Yanceyville; 
Charmeka Poteat, Yanceyville; Jennifer Stone, Cary; Wendy Stone, Cary; and Beth 
Sullivan, Cary. 

On motion of Senator Barnes, seconded by Senator Winner, the Senate adjourns at 
2:30 P.M. to meet tomorrow at 1:30 P.M. 



SECOND DAY 



Senate Chamber, 
Thursday, January 12, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 



January 12, 1989 



1989] SENATE JOURNAL 25 

"In the beginning, O God of all Creation, Thou didst bring light out of darkness, 
order out of chaos, and in looking back, thou didst call it good. As we begin this 
Session, O God of grace, let the loving, healing, light of Thy creation, shine deeply 
within each of us — clarifying our minds, making pure our hearts; so that, when these 
days are done, the members and President of this Senate, may also look back and call 
them good. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
January 11, has been examined and is found to be correct. On his motion, the Sen- 
ate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Staton for today due to ill health. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Barnes: 

S.J.R. 1, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of Represen- 
tatives. 

On motion of Senator Barnes, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (47-0) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

By Senators Conder, Ward, Royall, Barnes, and Rauch: 

S.B. 2, a bill to provide the School Improvement and Accountability Act of 1989. 

Referred to Education Committee. 

By Senators Winner, Allran, Barker, Basnight, Conder, Daniel, Guy, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Rauch, Sherron, Speed, Taft, Tally, and Walker: 

S.B. 3, a bill to provide for a gubernatorial veto. 

Referred to Constitution Committee. 

By Senators Royall, Marvin, Kaplan, and Martin of Guilford: 

S.B. 4, a bill to establish a State lottery after a binding referendum. 

Referred to Finance Committee. 

By Senators Plyler, Allran, Bryan, Conder, Daniel, Daughtry, Hunt of Durham, 
Johnson of Cabarrus, Kaplan, Murphy, Odom, Rauch, Royall, Tally, Walker, and 
Winner: 

S.B. 5, a bill to prohibit the affixing to a motor vehicle of any sticker, decal, em- 
blem, or other device containing profane or lewd words describing sexual acts, excre- 
tory functions, or parts of the human body. 

Referred to Transportation Committee. 

By Senators Ezzell, Allran, Bryan, Guy, Johnson of Cabarrus, and Rauch: 
S.B. 6, a bill to provide for a gubernatorial veto. 
Referred to Constitution Committee. 

By Senator Ballance: 

S.B. 7, a bill to divide District Court District 6 the same way as Superior Court 
District 6 has been divided, and add a new judge in District Court District 6B. 

Referred to Judiciary II Committee and upon a favorable report re-referred to 
the Appropriations Committee. 



Janaury 12, 1989 



26 SENATE JOURNAL [Session 

By Senator Ballance: 

S.B. 8, a bill to add a new judge in District Court District 9. 
Referred to Judiciary II Committee and upon a favorable report re-referred to 
the Appropriations Committee. 

APPOINTMENT OF COMMITTEES 

Senator Barnes, President Pro Tempore, announces appointments to standing com- 
mittees, as follows: 

ALCOHOLIC BEVERAGE CONTROL COMMITTEE: 

Senator Ballance — Chairman 

Senator Simpson — Ranking Minority Member 

AGRICULTURE COMMITTEE: 

Senator Speed— Chairman 

Senator Bryan— Ranking Minority Member 

APPROPRIATIONS COMMITTEE: 

Senator Royall, Jr. — Chairman 

Senator Kincaid— Ranking Minority Member 

APPROPRIATIONS ON EDUCATION COMMITTEE: 

Senator Ward — Chairman 

Senator Kincaid— Ranking Minority Member 

APPROPRIATIONS ON GENERAL GOVERNMENT COMMITTEE: 

Senator Martin of Guilford— Chairman 

Senator Johnson of Cabarrus — Ranking Minority Member 

APPROPRIATIONS ON HUMAN RESOURCES COMMITTEE: 

Senator Walker— Chairman 

Senator Cochrane — Ranking Minority Member 

APPROPRIATIONS ON JUSTICE AND PUBLIC SAFETY 
COMMITTEE: 

Senator Marvin— Chairman 

Senator Cobb — Ranking Minority Member 

APPROPRIATIONS ON NATURAL AND ECONOMIC RESOURCES 
COMMITTEE: 

Senator Martin of Pitt — Chairman 

Senator Kincaid— Ranking Minority Member 

BANKS AND THRIFT INSTITUTIONS COMMITTEE: 

Senator Staton — Chairman 

Senator Kincaid— Ranking Minority Member 

BASE BUDGET COMMMITTEE: 

Senator Basnight— Chairman 

Senator Simpson— Ranking Minority Member 

CHILDREN AND YOUTH COMMITTEE: 

Senator Richardson — Chairman 

Senator Allran— Ranking Minority Member 

CONSTITUTION COMMITTEE: 

Senator Ezzell — Chairman 

Senator Cochrane— Ranking Minority Member 



January 12, 1989 



1989] SENATE JOURNAL 27 

EDUCATION COMMITTEE: 

Senator Conder— Chairman 

Senator Chalk— Ranking Minority Member 

ELECTION LAWS COMMITTEE: 

Senator Taft — Chairman 

Senator Bryan — Ranking Minority Member 

ENVIRONMENT AND NATURAL RESOURCES COMMITTEE: 

Senator Tally— Chairman 

Senator Shaw — Ranking Minority Member 

FINANCE COMMITTEE: 

Senator Rauch— Chairman 

Senator Smith — Ranking Minority Member 

HIGHER EDUCATION COMMITTEE: 

Senator Murphy — Chairman 

Senator Cobb— Ranking Minority Member 

HUMAN RESOURCES COMMITTEE: 

Senator Harris — Chairman 

Senator Smith — Ranking Minority Member 

INSURANCE COMMITTEE: 

Senator Parnell — Chairman 

Senator Chalk — Ranking Minority Member 

JUDICIARY I COMMITTEE: 

Senator Swain — Chairman 

Senator Johnson of Cabarrus— Ranking Minority Member 

JUDICIARY II COMMITTEE: 

Senator Soles— Chairman 

Senator Cobb — Ranking Minority Member 

JUDICIARY III COMMITTEE: 

Senator Johnson of Wake— Chairman 
Senator Allran— Ranking Minority Member 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS COMMITTEE: 

Senator Sands — Chairman 

Senator Shaw— Ranking Minority Member 

MANUFACTURING AND LABOR COMMITTEE: 

Senator Daniel — Chairman 

Senator Allran — Ranking Minority Member 

MARINE RESOURCES AND WILDLIFE COMMITTEE: 

Senator Barker— Chairman 

Senator Kincaid— Ranking Minority Member 

PENSIONS AND RETIREMENT COMMITTEE: 

Senator Block— Chairman 

Senator Bryan— Ranking Minority Member 

PUBLIC UTILITIES COMMITTEE: 

Senator Guy — Chairman 

Senator Smith— Ranking Minority Member 



Janaury 12, 1989 



28 SENATE JOURNAL [Session 

RULES AND OPERATION OF THE SENATE COMMITTEE: 

Senator Winner — Chairman 

Senator Cobb — Ranking Minority Member 

SMALL BUSINESS COMMITTEE: 

Senator Hunt of Durham — Chairman 
Senator Simpson— Ranking Minority Member 

STATE GOVERNMENT COMMITTEE: 

Senator Sherron — Chairman 

Senator Simpson— Ranking Minority Member 

STATE PERSONNEL COMMITTEE: 

Senator Hunt of Moore — Chairman 

Senator Simpson — Ranking Minority Member 

TRANSPORTATION COMMITTEE: 

Senator Goldston — Chairman 

Senator Smith — Ranking Minority Member 

VETERAN AFFAIRS, LAW ENFORCEMENT, AND SENIOR 
CITIZENS COMMITTEE: 

Senator Raynor — Chairman 

Senator Johnson of Cabarrus — Ranking Minority Member 

WAYS AND MEANS COMMITTEE: 

Senator Plyler— Chairman 

Senator Shaw — Ranking Minority Member 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 1, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of Represen- 
tatives. 

On motion of Senator Barnes, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (49-0) and third readings and is ordered en- 
rolled. 

On motion of Senator Barnes, duly seconded, the Senate adjourns at 2:00 P.M. to 
meet tomorrow, January 13, at 9:00 A.M. 



THIRD DAY 



Senate Chamber, 
Friday, January 13, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 



January 13, 1989 



1989] SENATE JOURNAL 29 

"Thank God, it's Friday— Friday, the thirteenth. We do thank Thee, Gracious 
Father, that our destiny is not written in the stars, nor are these precious passing days 
left in the unfeeling hands of some blind fate. 

"Rather, our song of faith is not of our own making — we have heard it sung by our 
mother's voice; and have heard it whispered by our heart's deep cry: 'O God, our help 
in ages past, our hope for years to come, be Thou our guide while life shall last, and 
our eternal home.' Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
January 12, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Conder, who is speaking 
to State employees in Charlotte, Senator Rauch for business purposes, Senator Ward, 
who is attending a Conference on Computer Curriculum for the Reduction of Drop- 
outs, and to Senators Ezzell, Harris, Johnson of Cabarrus, Royall, and Staton. 

ENROLLED BILLS 

The Enrolling Clerk reports the following joint resolution properly enrolled, duly 
ratified, and sent to the office of the Secretary of State: 

S.J.R. 1, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of Represen- 
tatives. (Res. 1) 

RECALL FROM ENROLLING 

H.J.R. 1, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of Represen- 
tatives. 

On motion of Senator Barnes the joint resolution is recalled from the Enrolling Of- 
fice and placed before the Senate for immediate consideration. 

Senator Barnes offers a motion that the vote by which the joint resolution passed its 
third reading be reconsidered, which motion prevails. 

On motion of Senator Barnes the joint resolution is taken from the Calendar for 
today and is referred to the Rules and Operation of the Senate Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Guy: 

S.B. 9, a bill to appropriate funds for the completion of the business technology 
building at Coastal Carolina Community College. 
Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 10, a bill to decriminalize the possession of certain lottery tickets. 

Referred to Judiciary I Committee. 

By Senator Sands: 

S.B. 11, a bill to appropriate funds to the Department of Agriculture for the Pied- 
mont Triad Farmers Market. 

Referred to Appropriations Committee. 



January 13, 1989 



30 SENATE JOURNAL [Session 

By Senator Harris: 

S.B. 12, a bill to require that the remains of terminated pregnancies be disposed of 
in a humane manner limited to burial, cremation, or hospital approved type of incin- 
eration. 

Referred to Human Resources Committee. 

By Senators Harris, Bryan, and Smith: 

S.B. 13, a bill to implement the recommendations of the Safe Roads Act Study 
Committee of the Legislative Research Commission. 
Referred to Judiciary I Committee. 

By Senator Marvin: 

S.B. 14, a bill to implement the recommendations of the Attorney General's Staff 
Study conducted by the Legislative Research Commission. 

Referred to State Government Committee and upon a favorable report re-re- 
ferred to Appropriations Committee. 



ESCORT COMMITTEE 

S. J.R. 1, a joint resolution informing His Excellency, Governor James G. Martin, 
that the General Assembly is organized and ready to proceed with public business and 
inviting the Governor to address a joint session of the Senate and House of Represen- 
tatives. 

The President orders a special message sent to the House of Representatives inform- 
ing that Honorable Body the following members of the Senate are appointed to serve 
with a like Committee of the House of Representatives to invite, greet, and escort the 
Governor to the Joint Session: Senators Rauch, Kaplan, Cobb, and Royall. 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 9:16 A.M. to meet Tuesday, January 17, at 1:30 P.M. 



FOURTH DAY 



Senate Chamber, 
Tuesday, January 17, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Father, we pause to praise Thee, on this Tuesday full of sunshine, for Thy ser- 
vant, Martin Luther King, Jr.; for the family whose faith inspired him; for the schools 
whose knowledge instructed him; and for Thy Spirit whose grace gave wings to his 
words. We thank Thee, O God of freedom and justice, for a dream which still calls 
our nation to rise up and live out the true meaning of its creed; so that persons will be 
judged not by the color of their skin, but, by the content of their character. And now, 
as we turn to help build a kinder, gentler America, may it be accomplished with such 
skill and faithfulness that we may be able to say with the woman in Montgomery, who 
cleaned for a living, and who chose to walk rather than to ride the back of the bus 
when asked how she felt, said with a smile of deep satisfaction: 'My feet are tired, but 
my soul is rested.' And may each of us, find it so! Amen." 



January 17, 1989 



1989] SENATE JOURNAL 31 

Senator Barnes, President Pro Tempore, announces that the Journal of Friday, 
January 13, has been examined and is found to be correct. On his motion, the Sen- 
ate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Raynor, who is on business in his 
District for today. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Goldston: 

S.B. 15, a bill decreasing the interest to be paid on partial license fees. 
Referred to Transportation Committee and upon a favorable report re-referred 
to Finance Committee. 

By Senators Plyler and Conder: 

S.B. 16, a bill to allow the Towns of Indian Trail, Stallings, and Weddington to 
regulate the abandonment of junked motor vehicles. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Parnell, Martin of Guilford, and Marvin: 

S.B. 17, a bill to expand community service parole eligibility. 

Referred to Judiciary I Committee. 

By Senators Parnell, Martin of Guilford, Marvin, and Johnson of Cabarrus: 
S.B. 18, a bill to appropriate funds for construction of facilities for women in the 
State prison system. 

Referred to Appropriations Committee. 

By Senators Parnell, Martin of Guilford, Marvin, and Johnson of Cabarrus: 
S.B. 19, a bill to appropriate funds for satellite jail/work release units for mis- 
demeanants and to relieve prison overcrowding. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Parnell, Johnson of Cabarrus, Marvin, and Martin of Guilford: 
S.B. 20, a bill to appropriate funds to provide for new community penalties pro- 
grams and expansion of existing programs, to reduce the regular probation and parole 
caseloads, to expand intensive supervision, and to expand the house arrest with elec- 
tronic surveillance program. 

Referred to Appropriations Committee. 

By Senators Simpson, Allran, Bryan, Carpenter, Hardin, Johnson of Cabarrus, 
Kincaid, Shaw, and Smith: 

S.B. 21, a bill to repeal the sunset provision of the act establishing the offense of 
impaired driving in commercial motor vehicles. 

Referred to Judiciary I Committee. 

By Senator Marvin: 

S.B. 22, a bill to implement the recommendations of the Attorney General's Staff 
Study conducted by the Legislative Research Commission with respect to a plan for the 
consolidation of legal positions within State government. 

Referred to State Government Committee. 

ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills previously introduced: 



January 17, 1989 



32 SENATE JOURNAL [Session 

By Senator Smith: 

S.B. 5, a bill to prohibit the affixing to a motor vehicle of any sticker, decal, em- 
blem, or other device containing profane or lewd words describing sexual acts, excre- 
tory functions, or parts of the human body. 

By Senator Winner: 

S.B. 13, a bill to implement the recommendations of the Safe Roads Act Study 
Committee of the Legislative Research Commission. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S . J . R . 1 House of Representatives 

January 13, 1989 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information pur- 
suant to S.J.R. 1, A JOINT RESOLUTION INFORMING HIS EXCEL- 
LENCY, GOVERNOR JAMES G. MARTIN, THAT THE GENERAL AS- 
SEMBLY IS ORGANIZED AND READY TO PROCEED WITH PUBLIC 
BUSINESS AND INVITING THE GOVERNOR TO ADDRESS A JOINT 
SESSION OF THE SENATE AND HOUSE OF REPRESENTATIVES, to 
meet in Joint Session, Tuesday, January 17 at 2:00 P.M. The Speaker has appointed 
the following members of the House of Representatives to serve with a like Committee 
of the Senate to escort the Governor to the Joint Session: 

Representative John W. Hurley 

Representative John C. Hasty 

Representative John Brown 

Representative Joe H. Hege, Jr. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

The President orders a special message sent to the House of Representatives inform- 
ing that Honorable Body that the Senate stands ready to repair to the Hall of the 
House, there to sit in Joint Session with that Honorable Body for the purpose of receiv- 
ing the State-of-the-State address pursuant to S.J.R. 1, a joint resolution informing 
His Excellency, Governor James G. Martin, that the General Assembly is organized 
and ready to proceed with public business and inviting the Governor to address a joint 
session of the Senate and House of Representatives. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.J.R. 1 House of Representatives 

January 17, 1989 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to S.J.R. 1, A JOINT RESOLUTION INFORMING HIS EXCEL- 
LENCY, GOVERNOR JAMES G. MARTIN, THAT THE GENERAL 



January 17, 1989 



1989] SENATE JOURNAL 33 

ASSEMBLY IS ORGANIZED AND READY TO PROCEED WITH PUB- 
LIC BUSINESS AND INVITING THE GOVERNOR TO ADDRESS A 
JOINT SESSION OF THE SENATE AND HOUSE OF REPRESENTA- 
TIVES, the House of Representatives stands ready to receive the Senate in Joint Ses- 
sion to hear the Governor's State of the State Address. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

On motion of Senator Barnes, in accordance with S.J.R. 1 the Senate stands in 
recess to repair to the Hall of the House of Representatives, there to sit in Joint Ses- 
sion, and on his further motion, upon dissolution of the Joint Session to return to the 
Senate Chamber for the further consideration of business. 



JOINT SESSION 

The Senate is received by the members of the House of Representatives standing. 
Speaker Mavretic presents the gavel to Lieutenant Governor James C. Gardner, Presi- 
dent of the Senate. The Joint Session is called to order by the President of the Senate. 

The President of the Senate recognizes the Sergeant-at-Arms of the House of Rep- 
resentatives who announces the presence of His Excellency, Governor James G. Mar- 
tin. Senator Rauch and the Committees appointed by the President of the Senate and 
Speaker of the House of Representatives escort the Governor to the Well of the House. 
The President of the Senate presents Governor Martin to the General Assembly, who 
delivers the State-of-the-State address. (See Appendix) 

On motion of Senator Barnes, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate returns to its Chamber. 

The Senate resumes consideration of its regular business. 



APPOINTMENTS OF COMMITTEES 

The President Pro Tempore submits appointments and charges to the Standing 
Committees, as follows: 

AGRICULTURE COMMITTEE: Senators Speed (Chairman), Murphy (Vice 
Chairman), Taft (Vice Chairman), Bryan (Ranking Minority Member), Allran, Bal- 
lance, Basnight, Daughtry, Hardin, Martin of Pitt, Marvin, Parnell, Plyler, Raynor, 
Sherron, and Soles: 

"Too many North Carolinians have been forced to give up their land and agricul- 
tural enterprises that have been a part of their families for generations. Senator 
Speed, you have been very involved in trying to find ways to help our farmers. 

"You and the members of the Committee are charged with reviewing the problems 
facing our farmers and agribusinesses. We must find new markets and promote our 
farm products proudly and aggressively. Agriculture has to be a viable part of our 
future. 

"The Senate will be looking to you for guidance on this important Committee, and 
we have every confidence you will provide the leadership we so desperately need." 

ALCOHOLIC BEVERAGE CONTROL COMMITTEE: Senators Ballance 
(Chairman), Plyler (Vice Chairman), Daughtry (Ranking Minority Member), Car- 
penter, Daniel, Goldston, and Odom. 



January 17, 1989 



34 SENATE JOURNAL [Session 

"The laws relating to the use and control of alcoholic beverages in this State have 
been developed and refined over a long period of time and are the product of many 
hours of work and debate in this General Assembly. It would be difficult to imagine 
any subject about which the people of our State have more sharply differing opinions. 
You may expect that almost every bill you receive this Session will have implications 
which will spark debate and controversy both in your Committee and in this Senate. 

"Many of the people of our State believe that alcoholic beverages ought not to be a 
controlled product and should be openly sold and dispensed. Others feel strongly that 
it should not even be permitted in the State. Apparently the majority feel that they 
ought to be allowed in the State only under a very rigid system of control. Our present 
laws largely reflect that attitude. 

"The work of this Committee is not always the most popular. Yet, it is essential 
that the product of your work be the result of the most painstaking and careful consid- 
eration. Be expeditious and fair in all that you do and know that you have our confi- 
dence in your endeavors." 

APPROPRIATIONS COMMITTEE: Senators Royall (Chairman), Daniel 
(Vice Chairman), Murphy (Vice Chairman), Parnell (Vice Chairman), Plyler (Vice 
Chairman), Kincaid (Vice Chairman and Ranking Minority Member), Ballance, 
Barker, Basnight, Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, 
Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, 
Marvin, Odom, Richardson, Sands, Simpson, Speed, Swain, Tally, Taft, Walker, 
and Ward. 

APPROPRIATIONS ON EDUCATION COMMITTEE: Senators Ward 
(Chairman), Conder (Vice Chairman), Chalk (Ranking Minority Member), Daniel, 
Murphy, Simpson, Swain, and Taft. 

APPROPRIATIONS ON GENERAL GOVERNMENT COMMITTEE: 

Senators Martin of Guilford (Chairman) , Guy (Vice Chairman) , Johnson of Cabarrus 
(Ranking Minority Member), Block, Hardin, Kaplan, and Speed. 

APPROPRIATIONS ON HUMAN RESOURCES COMMITTEE: Sena- 
tors Walker (Chairman), Richardson (Vice Chairman), Cochrane (Ranking Minority 
Member), Carpenter, Ezzell, Harris, and Hunt of Durham. 

APPROPRIATIONS ON JUSTICE AND PUBLIC SAFETY COMMIT- 
TEE: Senators Marvin (Chairman), Parnell (Vice Chairman), Cobb (Ranking Mi- 
nority Member), Ballance, Bryan, Odom, and Sands. 

APPROPRIATIONS ON NATURAL AND ECONOMIC RESOURCES 
COMMITTEE: Senators Martin of Pitt (Chairman), Barker (Vice Chairman), 
Kincaid (Ranking Minority Member), Daughtry, Goldston, Hunt of Moore, Johnson 
of Wake, and Tally. 

BASE BUDGET COMMITTEE: Senators Basnight (Chairman), Daniel (Vice 
Chairman), Kincaid (Vice Chairman), Murphy (Vice Chairman), Parnell (Vice 
Chairman), Plyler (Vice Chairman), Simpson (Ranking Minority Member) (All mem- 
bers of the Appropriations Committees are members of the Base Budget Committee 
and shall serve in the same capacity.), Ballance, Barker, Block, Bryan, Carpenter, 
Chalk, Cobb, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, 
Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Martin of Pitt, Martin of Guilford, Marvin, Odom, Richardson, Royall, Sands, 
Speed, Swain, Tally, Taft, Walker, and Ward. 



January 17, 1989 



1989] SENATE JOURNAL 35 

"The duties of the Appropriations Committees are great, their burdens heavy, and 
their responsibilities awesome, under even the best of economic conditions. In 1989, 
these duties are greater, the burdens heavier, and the responsibilities even more awe- 
some. 

"As you carry out your duties as defined in the Executive Budget Act as modified by 
the Rules of the Senate, we ask you to remain diligent to the needs of the people of our 
State. 

"You will receive for your consideration the Budget Appropriations Bill. 

"You will study it in detail, line item by line item, and each recommended capital 
and expansion item in that bill, and any supplemental requests that you may receive 
and all special appropriations bills that may be referred to you. 

"You will identify and recommend any new and innovative budget expansions to 
meet the needs of the people that, in your judgment, can be supported within the funds 
available. 

"In performing your duties, you shall require each Department to provide you line- 
item detail on each recommended budget expansion and supplemental request. You 
shall be equally as diligent with respect to all special appropriations bills. 

"You shall work in cooperation with any Senate Committee and with any House 
Committee, when it appears appropriate for you to do so; it will make your work prod- 
uct better and will bring benefits to the people of our State. 

"We especially charge you that you shall remain aware of the fact that no bill be- 
comes law until it passes both Bodies of this General Assembly in identical form, and 
that you shall work toward that end on all bills coming before you. 

"Your task will be a difficult one, but I am confident that each of you will undertake 
it to the best of your ability and propose a constitutionally-mandated balanced budget 
for our State." 

BANKS AND THRIFT INSTITUTIONS COMMITTEE: Senators Staton 
(Chairman) , Martin of Pitt (Vice Chairman) , Kincaid (Ranking Minority Member) , 
Carpenter, Ezzell, Guy, Harris, Johnson of Cabarrus, Johnson of Wake, Kaplan, 
Murphy, Rauch, Shaw, Sherron, Soles, and Walker. 

"You who have served in previous sessions know only too well the heavy obligations 
which are always placed upon the Committee dealing with financial institutions. Leg- 
islation affecting banks and other financial institutions is always of a sensitive and a 
far reaching nature. The balancing of the interest between the legitimate concerns of 
the financial community and the average citizen of the State is always a most difficult 
task. You must balance the availability of money versus its cost. 

"Many of you have had much experience in this General Assembly and on numer- 
ous committees. You are charged to be most careful and totally fair as you consider 
and deliberate upon the sensitive legislation which will undoubtedly be referred to you 
during this legislative session. We have confidence in your ability and wish you well in 
your work." 

CHILDREN AND YOUTH COMMITTEE: Senators Richardson (Chair- 
man), Sands (Vice Chairman), Allran (Ranking Minority Member), Cochrane, Con- 
der, Martin of Guilford, Marvin, Tally, and Ward. 

"Our children are our future. Our investment in our children is the most important 
investment we can make, and we will not short change them and their future. 

"The General Assembly has taken some significant steps to improve the lives of our 
children, by strengthening day care standards, improving child support laws, providing 
for a missing children's center and other actions we have improved the lot of numerous 
children in this State. 

"Senator Richardson, you have throughout your life been dedicated to helping chil- 
dren. This year you have been asked to lead us forward in our determination to secure 
a better life for all children. 



January 17, 1989 



36 SENATE JOURNAL [Session 

"You and the Committee members are charged with looking at the many issues 
which will be referred to you for special consideration. 

"We are confident that you can help our children reach their fullest potential." 

CONSTITUTION COMMITTEE: Senators Ezzell (Chairman), Soles (Vice 
Chairman), Cochrane (Ranking Minority Member), Ballance, Barker, Chalk, 
Daniel, Hardin, Johnson of Cabarrus, Kaplan, Martin of Guilford, Marvin, Rauch, 
and Winner. 

"Our Constitution is the foundation of our laws and our government. 

"You will be charged with reviewing bills proposing constitutional changes. It is 
expected that you will have several important pieces of legislation this Session. 

"This is a very important undertaking, and you will need to give these proposals 
thorough and deliberative review. 

"All our people know the importance of your Committee. Your charge, when those 
bills come before you, is to consider them with care and with a knowledge of our 
history. Treat all who come before you with courtesy, with patience, and with under- 
standing. 

"Consider all bills carefully and report your recommendations to this Senate." 

EDUCATION COMMITTEE: Senators Conder (Chairman), Ward (Vice 
Chairman), Chalk (Ranking Minority Member) , Basnight, Block, Daughtry, Hardin, 
Hunt of Durham, Hunt of Moore, Martin of Guilford, Marvin, Odom, Richardson, 
Simpson, Taft, Tally and Winner. 

"This General Assembly has passed landmark legislation that is already providing 
students with improved classroom opportunities. You are charged with building on 
those historic achievements. 

"The education of our children is the single most important investment we, as a 
State, make. As we fund the fifth and sixth years of the Basic Education Program, we 
must focus attention on new studies of the workload of teachers, new initiatives for 
improving teacher education and enhancing teaching as a career, reducing school 
dropouts and improving the educational product. 

"These are complex and, in some cases, controversial issues. Your workload will 
be demanding. But the decisions we make in the days ahead will determine the quality 
of our future work force and the strength of our State manpower. We thank you for 
undertaking this most important challenge." 

ELECTION LAWS COMMITTEE: Senators Taft (Chairman), Ballance 
(Vice Chairman), Bryan (Ranking Minority Member), Chalk, Hunt of Durham, 
Kaplan, Murphy, Swain, and Walker. 

"You are charged with reviewing our election laws to ensure that our citizens have 
every opportunity to exercise their constitutional privilege to vote. Election laws which 
are scrupulously fair, impartial, and workable are vital to good government in North 
Carolina. 

"Commissions have been reviewing various aspects of our election laws and will be 
making recommendations to you. You must analyze these and other proposals and 
recommend to the Senate bills that will best serve all voters. 

"Yours is an important task and we appreciate your willingness to serve North Caro- 
lina in this way. You are charged to act responsibly, fairly, and efficiently as you 
consider refinements to our existing law and, as to such other new legislation in this 
area which you will receive during the course of this Session." 

ENVIRONMENT AND NATURAL RESOURCES COMMITTEE: Sena- 
tors Tally (Chairman) , Winner (Vice Chairman) , Shaw (Ranking Minority Member) , 
Barker, Basnight, Cochrane, Daughtry, Hunt of Moore, Johnson of Cabarrus, Martin 
of Pitt, Murphy, Odom, Sherron, Taft, and Walker. 



January 17, 1989 



1989] SENATE JOURNAL 37 

"Your Committee will deal with the important question of the environment and de- 
velopment and growth in our State. It is well that, at the same time, you will also deal 
with the broad areas of conservation of our natural resources. 

"Protecting and preserving our environment is critical to continuing the good quality 
of life we have all come to expect in North Carolina. It is our quality of life that has 
made this State a leader. We cannot afford to allow growth and other demands to 
harm the valuable resources we have in this State, but we must continue to strive for 
good industries. These goals are not incompatible. 

"You have the responsibility of ensuring that we leave our State as blessed as we 
found it for those who come after us. 

"Our people look to you as guardians of their welfare. We know you will prove 
worthy of their trust." 

FINANCE COMMITTEE: Senators Rauch (Chairman), Goldston (Vice Chair- 
man) , Staton (Vice Chairman) , Smith (Vice Chairman and Ranking Minority Mem- 
ber), Allran, Barker, Basnight, Bryan, Daniel, Harris, Hunt of Moore, Johnson of 
Cabarrus, Kaplan, Parnell, Plyler, Raynor, Royall, Shaw, Sherron, Simpson, Soles, 
Taft, Walker, Ward, and Winner. 

"The Finance Committee is entrusted with the responsibility for consideration of 
legislation which affects or may affect the revenue of our State. The economic health 
of our State, while sound, is threatened by the larger economic crisis which exists in 
our nation. You are instructed to use utmost diligence to assure that our State's reve- 
nue capacity remains able to adequately fund necessary services. The sound reputa- 
tion of the State of North Carolina for fiscal integrity must never be compromised. 
You are further instructed to see that our revenue laws spread that tax burden fairly 
among all citizens. 

"The Senate depends on you to review the economic picture of our State and deter- 
mine what proposals will best serve the interest of all our citizens. 

"Each year our finance laws become more complex and more important to our 
State's well-being. 

"The Senate is confident that this Committee will carry out its responsibilities with 
thoroughness and fairness. We appreciate your willingness to serve and wish you well 
in your work." 

HIGHER EDUCATION COMMITTEE: Senators Murphy (Chairman), 
Royall (Vice Chairman), Cobb (Vice Chairman and Ranking Minority Member), 
Cochrane, Conder, Goldston, Martin of Guilford, Rauch, Smith, Staton, Taft, Tally, 
and Walker. 

"North Carolina has become a leader among the states in its creation and mainte- 
nance of superior institutions of higher learning. The people of North Carolina take 
pride in all of her universities. They have been willing to invest a large amount of 
money in building and improving them. 

"Our public and private colleges and universities must continue to be on the fore- 
front of research and education to prepare our students and workers for the changing 
demand of our national and State economy and for the critical task of training class- 
room teachers. You must see that our community colleges have the capability to train 
and retrain workers for the jobs of today and tomorrow and provide encouragement for 
small business development. 

"You have a long record of interest and concern in these institutions. You and the 
members of your Committee are charged to act responsibly as you do the work of this 
Session assigned to you, being especially mindful of the need to treat each of our insti- 
tutions fairly and evenhandedly in order that the best interest of the people of this State 
may be promoted." 

HUMAN RESOURCES COMMITTEE: Senators Harris (Chairman), Ezzell 
(Vice Chairman), Raynor (Vice Chairman), Walker (Vice Chairman), Smith 



January 17, 1989 



38 SENATE JOURNAL [Session 

(Ranking Minority Member), Barker, Bryan, Cochrane, Guy, Kincaid, Martin of 
Guilford, Marvin, Royall, Richardson, and Speed. 

"Common decency and humanity enjoins us to care for the poor and the needy, the 
widows and the orphans, the old and down-trodden, and, indeed, all of those bereft of 
the necessities of life. This has been our duty from olden times — from the time when 
the memory of man runs not to the contrary. That is still our duty today. 

"Yet all too often, it seems, our will to do our duty is thwarted by the mystery of red 
tape, the maze of official guidelines, and the welter of official language. 

"We should cut unnecessary expenses but never to the harm of those who are truly 
needy. 

"It will be the duty of your Committee to work and to study, to cut through the red 
tape of bureaucracy, and, truly, to serve those who need our help. 

"Be frugal with our money, but be kind to those we serve. Be thrifty, but not stingy. 
Be true guardians to the wards of our State." 

INSURANCE COMMITTEE: Senators Parnell (Chairman), Johnson of Wake 
(Vice Chairman), Speed (Vice Chairman), Chalk (Ranking Minority Member), 
Daniel, Ezzell, Kincaid, Raynor, Richardson, Smith, Soles, and Taft. 

"Available and affordable insurance is of utmost importance to every citizen of this 
State. During the last several years, this Body has taken some important steps which 
have given the Commissioner the tools necessary to provide a healthy insurance envi- 
ronment for our State. 

"Senator Parnell, you and your Committee are being entrusted with the work of a 
Committee which will consider legislation affecting various aspects of the insurance 
industry. This Committee must do its best to balance the needs of the citizens with the 
desires of the industry. 

"You and your Committee have been selected with care and we look forward to 
working with you in this important challenge." 

JUDICIARY I COMMITTEE: Senators Swain (Chairman), Daniel (Vice 
Chairman), Johnson of Cabarrus (Ranking Minority Member), Ballance, Ezzell, 
Harris, Odom, Parnell, and Simpson. 

JUDICIARY II COMMITTEE: Senators Soles (Chairman), Sands (Vice 
Chairman), Cobb (Ranking Minority Member), Daughtry, Martin of Guilford, 
Raynor, Staton, Tally, and Winner. 

JUDICIARY III COMMITTEE: Senators Johnson of Wake (Chairman), 
Barker (Vice Chairman), Allran (Ranking Minority Member), Block, Chalk, Hunt of 
Moore, Marvin, Sherron, and Taft. 

"These three Committees will share in the work of important Senate Judiciary Com- 
mittees. Judiciary Committees have in the past received technical and complicated 
legislation which cuts across the entire spectrum of the statutory law of our State. This 
Session will be no different from the standpoint of volume and complexity of bills 
which are assigned to the Judiciary Committees. 

"North Carolina is proud of its strong legal system and we appreciate your willing- 
ness to undertake this complicated process, which is central to the well-being of our 
State. 

"We know you will continue the tradition of excellence which has come to be ex- 
pected of Senate Judiciary Committees as you fairly and efficiently proceed with your 
demanding work." 

LOCAL GOVERNMENT AND REGIONAL AFFAIRS COMMITTEE: 

Senators Sands (Chairman) , Hunt of Durham (Vice Chairman) , Odom (Vice Chair- 
man), Shaw (Vice Chairman and Ranking Minority Member), Allran, Barker, Bas- 
night, Bryan, Conder, Hunt of Moore, Sherron, and Swain. 



January 17, 1989 



1989] SENATE JOURNAL 39 

"Better State and local partnerships are critical to our future as the federal govern- 
ment abandons and shifts responsibility for programs. As local officials address a 
growing number of complex problems and increased demand for services, we continue 
to see an increase each Session in the number of bills affecting local governments. 

"On many occasions proposed local legislation has state-wide impact. It will be 
your duty to examine each piece of legislation and determine whether passage is in the 
best interest of not only the local citizens but also our entire State. 

"The Senate has confidence in your ability to meet the challenges before you, and 
we thank you for undertaking this vital work." 

MANUFACTURING AND LABOR COMMITTEE: Senators Daniel (Chair- 
man), Block (Vice Chairman), Harris (Vice Chairman), Allran (Ranking Minority 
Member), Ballance, Goldston, Guy, Johnson of Wake, Kincaid, Martin of Guilford, 
Parnell, Rauch, Richardson, Sands, Simpson, and Smith. 

"The treasury of our State would be meager, indeed, if the General Assembly, 
through repressive statutes, discouraged the development of manufacturing. The 
plight of our people would be intolerable, if we, through oppressive laws, should dis- 
courage manufacturing. At the same time, the men and women who toil for a living 
need to know that they will be treated with respect and dignity. 

"International trade is of particular importance to many citizens in our State. We 
charge you to consider establishing a sub-Committee to investigate the import /export 
policies under which we must operate and report recommended changes to your full 
Committee and then to the floor of this Senate. 

"You will be beset by many demands, some of them at cross purposes. It is your 
task to balance the equities. 

"Grant all of those who come before you a full and fair audience. Treat all with 
courtesy. Be patient. Be fair. 

"Above all else, do right for your State and her people." 

MARINE RESOURCES AND WILDLIFE COMMITTEE: Barker (Chair- 
man), Tally (Vice Chairman), Kincaid (Ranking Minority Member), Basnight, 
Block, Hardin, Martin of Pitt, Odom, Sands, Shaw, and Sherron. 

"Our State is truly blessed with over 300 miles of coastline along the great Atlantic 
Ocean. This Ocean brings to North Carolina's shores riches and abundance of incal- 
culable value. These are delicate and finite resources and as such require the careful 
preservation and protection as the State has within its power to provide. 

"Wildlife is essential to our ecological balance. It also provides recreational as well 
as profit-making endeavors for countless numbers of our citizens. 

"The Committee will also concern itself with legislation promoting aquaculture. 
Investigate, get the facts, and report your recommendations to this Senate so that this 
developing industry can help sustain our economy and our people. 

"The issues which will face you will at times be controversial. Your deliberations 
and final recommendations must be based on the common good." 

"Our State ports make an important contribution to the economy of this State. They 
have yet to reach their potential. Establish a subcommittee to study the operation of 
our ports, get the facts, report back to the full Committee and then to the floor of this 
Senate your recommendations for making them more competitive and efficient." 

PENSIONS AND RETIREMENT COMMITTEE: Senators Block (Chair- 
man), Marvin (Vice Chairman), Bryan (Ranking Minority Member), Basnight, 
Barnes, Carpenter, Chalk, Conder, Hardin, Hunt of Durham, Plyler, Rauch, Royall, 
Sherron, and Speed. 

"A sound retirement and pension policy is essential as we strive to attract and keep 
good employees serving our State. We appreciate your willingness to look at the 



January 17, 1989 



40 SENATE JOURNAL [Session 

State-administered retirement benefit and pension plans for public officers and em- 
ployees. 

"You will be faced with various proposals and it will be your job to consider policies 
that will maintain a sound system for our State. The Senate is confident of your ability 
to guide us properly in this very important work." 

PUBLIC UTILITIES COMMITTEE: Senators Guy (Chairman), Sherron 
(Vice Chairman), Smith (Ranking Minority Member), Barker, Cobb, Cochrane, 
Johnson of Wake, Martin of Pitt, Murphy, Parnell, Rauch, Royall, and Soles. 

"Senator Guy and members of the Committee on Public Utilities, it would be diffi- 
cult to exaggerate the widespread public concern present throughout North Carolina 
about the increased high cost of utilities. It would likewise be difficult to discover a 
more complicated legal problem than that of rate-making for public utilities. 

"We are asking a great deal of you. So are the people. 

"In your deliberation, the Senate charges you to work diligently, to be firm, to be 
fair-minded, and to keep your duty as representatives of the people always before 
you . " 

RULES AND OPERATION OF THE SENATE COMMITTEE: Senators 
Winner (Chairman), Kaplan (Vice Chairman), Cobb (Ranking Minority Member), 
Daniel, Ezzell, Harris, Johnson of Cabarrus, Johnson of Wake, Kincaid, Plyler, 
Raynor, Rauch,, Royall, Simpson, Soles, Staton, and Ward. 

"The rules governing the operation of this Senate should be structured so as to make 
us efficient as well as fair to all members who have been duly elected by their constitu- 
ents. It will be your duty to monitor the operation of this Senate and to propose modi- 
fications to our rules when you determine that such are necessary for efficiency and 
fairness. 

"We are certain that you and your Committee will carry out your assignment for the 
benefit of this Senate and the people of this State." 

SMALL BUSINESS COMMITTEE: Senators Hunt of Durham (Chairman), 
Goldston (Vice Chairman), Shaw (Ranking Minority Member), Allran, Daniel, 
Plyler, Sands, Speed, and Swain. 

"It becomes increasingly clear that the backbone of our economy is fueled by small 
businesses. We must ensure that the climate in which they operate is conducive to 
success. As your Committee considers proposed legislation which affects these busi- 
nesses, be ever attentive to its long-range as well as short-range implications. 

"Your deliberations and recommendations during this Session will affect the econ- 
omy of this State for many years. As you discharge this vital work, be ever mindful of 
the importance and plight of the small businessman in this complex and changing 
society. 

"We have faith in your willingness to serve the people of this State." 

STATE GOVERNMENT COMMITTEE: Senators Sherron (Chairman), 
Swain (Vice Chairman), Simpson (Ranking Minority Member), Cobb, Daughtry, 
Harris, Hunt of Durham, Johnson of Wake, Martin of Pitt, Richardson, and Royall. 

"The taxpayers of this State and, indeed, of the whole nation are crying out for 
efficiency in government. They deserve no less. We charge you to build carefully, to 
build for the future, and to build with our taxpayers in mind. They have demanded 
efficiency in government; we must provide that efficiency to the people of North Caro- 
lina. 

"We charge you to complete the task, to do it in the best interest of all of the people 
and to do it expeditiously. 

"You have our appreciation for the work you have agreed to perform." 



January 17, 1989 



1989] SENATE JOURNAL 41 

STATE PERSONNEL COMMITTEE: Senators Hunt of Moore (Chair- 

man), Taft (Vice Chairman), Simpson (Ranking Minority Member), Allran, Hardin, 
Hunt of Durham, Johnson of Wake, Odom, Sands, Sherron, and Staton. 

"Senator Wanda Hunt, the problems and concerns of the people who work in State 
government are real and require the best thinking of this General Assembly. Dedi- 
cated State employees make it possible for government to serve the public. 

"A caring employer who recognizes the need for proper working conditions and ade- 
quate pay for work performed, brings about dedicated employees. 

"You and your Committee have been chosen because of our confidence in your abil- 
ity to meet the challenge of the work which will confront you. Thank you for your 
willingness to serve." 

TRANSPORTATION COMMITTEE: Senators Goldston (Chairman), Bas- 
night (Vice Chairman) , Odom (Vice Chairman) , Smith (Ranking Minority Member) , 
Bryan, Carpenter, Guy, Kaplan, Murphy, Parnell, Plyler, Raynor, Shaw, Speed, 
Staton, and Ward. 

"The problem of construction, maintenance and upgrading of roads in North Caro- 
lina has reached crisis proportions. The structure of law under which the Department 
of Transportation operates is the responsibility of this General Assembly. We have 
seen much progress in this respect, but present problems cry out for continued atten- 
tion. We are proud of our highway and secondary road system, the largest in the 
nation. We want to keep our reputation as the 'Good Roads State.' 

"Senator Goldston, you are a Legislator with many years of experience in the field 
of transportation. The members of your Committee have been chosen carefully to 
provide a cross section of the people of our State. You are all charged to examine and 
re-examine laws under which the Department of Transportation operates. Give care- 
ful consideration to such proposals as may come before you and be always receptive to 
innovative approaches to the problems of transportation." 

"It is your duty to see that we protect and continue to develop this very important 
system and we thank you for undertaking this effort." 

VETERAN AFFAIRS, LAW ENFORCEMENT, AND SENIOR CITI- 
ZENS COMMITTEE: Senators Raynor (Chairman), Hunt of Moore (Vice Chair- 
man), Johnson of Cabarrus (Ranking Minority Member), Block, Carpenter, Guy, 
Parnell, Richardson, and Swain. 

"These are three of the most important constituent groups in our State, and we must 
do everything we can to secure their social and economic well-being. 

"This Session your Committee will be asked to review State government policies to 
make sure our veterans are receiving rightful consideration and that senior citizens are 
provided quality care. We must continue to find ways to utilize both these valuable 
resources for their own benefit and for our State. 

"Our law enforcement officers throughout this State protect life and property at the 
risk of their own. Consider ways in which this General Assembly can enhance law 
enforcement and the role of those involved. 

"We have confidence in your ability, to proceed fairly and promptly with such spe- 
cial legislation as you may receive dealing with either or all of these groups. 

"We appreciate your interest in these citizens who have provided for us and we look 
forward to your proposals for improving their lives." 

WAYS AND MEANS COMMITTEE: Senators Plyler (Chairman), Martin of 
Guilford (Vice Chairman) , Rauch (Vice Chairman) , Shaw (Ranking Minority Mem- 
ber), Basnight, Chalk, Cobb, Cochrane, Goldston, Kaplan, Harris, Hunt of Moore, 
Kincaid, Martin of Pitt, Marvin, Royall, Soles, Walker, Ward, and Winner. 

"This Committee is responsible for coordinating efforts between the Appropriations 
and Finance Committees in order to carry out our Constitutional mandate of adopting 



January 17, 1989 



42 SENATE JOURNAL [Session 

a balanced budget. We must weigh the needs of our citizens with our obligation to do 
what is fiscally responsible. You will be called on to review bond issues and other 
proposals that affect our spending and taxing policies. 

"The challenge will be even greater this year to continue to bring our budget into 
balance with our varying budget estimates and recent federal tax changes. The Sen- 
ate, in advance, thanks you for accepting this challenge and your willingness to 
serve." 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 3:40 P.M. to meet tomorrow, January 18, at 1:30 P.M. 



FIFTH DAY 



Senate Chamber, 
Wednesday, January 18, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"A seagull may deny the existence of air currents, and a fish may never consciously 
know of such a thing as water; but we are more than they; made in Your image. O 
Lord, Your breath is in our nostrils; so in a world of political pressures, we would 
pause to say with the poets of old: 'Thou Art the God in Whom we live and move and 
have our being. . . . ' For the privilege of resting ourselves in that faith today, we are 
both glad and grateful. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
January 17, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants courtesies of the gallery to the recipients of the North Carolina 
Folk Heritage Award. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Block and Ward: 

S.B. 23, a bill to regulate workplace drug testing. 

Referred to Judiciary III Committee. 

By Senators Marvin, Tally, and Ward: 

S.B. 24, a bill to appropriate funds for the University of North Carolina Medical 
School Parent to Parent Program. 

Referred to Appropriations Committee. 

By Senators Kincaid and Bryan: 

S.B. 25, a bill to clarify that at least twelve hours must be served to receive a day's 
credit for imprisonment ordered as a condition of special probation. 
Referred to Judiciary I Committee. 



January 18, 1989 



1989] SENATE JOURNAL 43 

By Senators Odom, Ballance, Barker, Block, Bryan, Cobb, Daniel, Ezzell, Guy, 
Harris, Hunt of Moore, Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, 
Murphy, Plyler, Rauch, Richardson, Royall, Sands, Sherron, Smith, Soles, Taft, 
Walker, Ward, and Winner: 

S.B. 26, a bill to amend the Crime Victims Compensation Act to include victims 
injured by driving while impaired offenders. 

Referred to Judiciary I Committee. 

By Senators Winner, Ballance, Barker, Basnight, Block, Bryan, Cobb, Daniel, Ez- 
zell, Guy, Hunt of Durham, Hunt of Moore, Johnson of Wake, Martin of Pitt, Martin 
of Guilford, Marvin, Odom, Raynor, Richardson, Sands, Shaw, Simpson, Staton, 
Swain, Taft, Tally, Walker, and Ward: 

S.B. 27, a bill to repeal those portions of the General Statutes that limit the State to 
the adoption of environmental regulations regarding water quality, air quality, or haz- 
ardous waste that are no more strict than federal environment regulations. 

Referred to Environment and Natural Resources Committee. 



ADDITIONAL ENDORSEMENTS 

The following Senators request to be recorded endorsing bills previously introduced: 

By Senators Bryan and Carpenter: 

S.B. 15, a bill decreasing the interest to be paid on partial license fees. 

By Senator Rauch: 

S.B. 19, a bill to appropriate funds for satellite jail/work release units for mis- 
demeanants and to relieve prison overcrowding. 

On motion of Senator Barnes, seconded by Senator Taft, the Senate adjourns at 
1:47 P.M. to meet tomorrow, January 19, at 1:30 P.M. 



SIXTH DAY 



Senate Chamber, 
Thursday, January 19, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Most gracious God, Whose kind providence didst lead our fathers and mothers to 
this good land, we thank Thee for the deep faith on which its foundation were laid, for 
the toil and tears of a pioneer people, and for leaders whose wisdom has guided us 
across these years. Especially do we ask Thy blessing upon our fortieth President, 
Ronald Reagan, on this his last full day in office. As he and Nancy go home to 
California, give them length of days and health of body and mind; and assure them, 
not only of the genuine affection of most of the people, but of their proper place in the 
hall of history. And, to Thy Name be praise. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
January 18, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



January 19, 1989 



44 SENATE JOURNAL [Session 

The President grants leaves of absence, for today, to Senator Cobb, who is attend- 
ing the Presidential Inauguration, and to Senator Plyler. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Johnson of Wake: 

S.B. 28, a bill to allow the Board of Equalization and Review to adjourn on Decem- 
ber 1 in the year of a county revaluation of real property. 

Referred to Judiciary III Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Johnson of Cabarrus: 

S.B. 29, a bill to authorize counties and certain cities to levy local sales and use 
taxes on gasoline if these taxes are approved by the voters, to require that the tax 
revenue from these taxes be used to build and maintain streets in the city and acquire 
rights-of-way in the county from which the taxes were collected, and to grant cities 
and counties additional powers with respect to acquisition of rights-of-way. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Marvin, Walker, Ward, and Tally: 

S.B. 30, a bill to appropriate funds for operating costs at the Governor's School. 

Referred to Appropriations Committee. 

By Senators Marvin, Allran, Cochrane, Taliy, Walker, and Ward: 
S.B. 31, a bill to appropriate funds to increase services to academically gifted stu- 
dents. 

Referred to Appropriations Committee. 

By Senators Marvin, Walker, Ward, and Tally: 

S.B. 32, a bill to appropriate funds to serve members of the Willie M. Class. 

Referred to Appropriations Committee. 

By Senators Marvin, Walker, Ward, and Tally: 

S.B. 33, a bill to appropriate funds for preschool programs for visually impaired 
children. 

Referred to Appropriations Committee. 

By Senators Marvin, Walker, Ward, and Tally: 

S.B. 34, a bill to appropriate funds to expand services in Developmental Evaluation 
Centers. 

Referred to Appropriations Committee. 

By Senators Marvin, Walker, Ward, and Tally: 

S.B. 35, a bill to appropriate funds to increase the rates paid to community residen- 
tial centers. 

Referred to Appropriations Committee. 

By Senators Cobb, Bryan, Carpenter, Chalk, Cochrane, Daughtry, Hardin, 
Johnson of Cabarrus, Shaw, and Smith: 

S.B. 36, a bill to amend the Constitution to secure to the Governor the power of 
veto. 

Referred to Constitution Committee. 



January 19, 1989 



1989] SENATE JOURNAL 45 

By Senators Royall, Basnight, Harris, Hunt of Moore, Martin of Guilford, Marvin, 
Murphy, Odom, Plyler, Rauch, Sands, Smith, Soles, Staton, Swain, Tally, and 
Ward: 

S.B. 37, a bill to allow the budget transfers to fully fund the Legislative Tuition 
Grant Program and the Contractual Scholarship Grant Program. 

Referred to Appropriations Committee. 

By Senators Royall, Basnight, Bryan, Daughtry, Harris, Hunt of Moore, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Sands, Smith, Soles, 
Swain, Tally, and Ward: 

S.B. 38, a bill to make an emergency appropriation for correctional programs and 
projects. 

Referred to Appropriations Committee. 

By Senators Guy, Allran, Ballance, Barker, Basnight, Block, Bryan, Carpenter, 
Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Hardin, Harris, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, Taft, 
Tally, Ward, and Winner: 

S.B. 39, a bill to allow a percentage discount to merchants for collecting State sales 
and use taxes. 

Referred to Finance Committee. 

The President recognizes the following pages serving in the Senate this week: Bryce 
Barker, Simora; JoAnne Chandler, Blanch; Kimberly Church, Wilkesboro; Harold 
Cohen, Burlington; Jim Copland, Burlington; William Daniel, Burlington; Tammy 
Everett, Blanch; Otis Foster, Pelham; Wes Fuller, Burlington; Alison Gwynn, Pil- 
ham; Pam Hall, Locust Hill; Vernon Harkins, Cherry Grove; Jenny Klopman, Bur- 
lington; Veronica Long, Blanch; Suzanne P. Lyon, Burlington; Kristin Jo Mallory, 
Henderson; Reid Stewart, Elon College; Tryone Totten, Yancey ville; and Tracey Up- 
church, Ruff in. 

On motion of Senator Barnes, duly seconded, the Senate adjourns at 2:51 P.M., in 
honor of Senator Betsy Cochrane celebrating her birthday, to meet Monday, January 
23, at 8:00 P.M. 



SEVENTH DAY 



Senate Chamber, 
Monday, January 23, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"God, Bless America! At the close of their first work-day, we thank Thee for our 
forty-first President, George Herbert Walker Bush, and for Vice-President, James 
Danforth Quayle. Bless her people, O Lord; gathered here from all the corners of the 
earth; the laborers and farmers, merchants and builders, keepers of homes and fami- 
lies, and the healers of body and soul; the artists and writers, scientists and teachers, 
and the leaders and protectors of this republic, with its several states, and many com- 
munities; particularly the State of North Carolina and this Senate. 



January 23, 1989 



46 SENATE JOURNAL [Session 

"Bless the poor and neglected, O Lord of all mercies, the old and the sick, and 
those oppressed by terror, disease or injustice; that we may endeavor to heal the bro- 
ken and ease the sorely burdened. 

"God, Bless Your creation, this frail earth, our island home. Grant us the wisdom 
to know the delicate balance of this good land and sea and sky and give us the grace to 
restrain our exploitation and abuse. 

"God Bless America, and what we ask for ourselves, we ask for the whole world. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
January 19, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Johnson of Cabarrus 
and to Senator Staton, who is ill. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Parnell and Johnson of Cabarrus: 

S.B. 40, a bill to amend and extend the Prison Population Stabilization Act, to 
amend and expand community service parole, to limit the transfer of county prisoners 
to the State prison system, and to authorize parole and termination of supervision of 
misdemeanants. 

Referred to Judiciary I Committee. 

By Senators Marvin, Walker, and Tally: 

S.B. 41, a bill to appropriate funds to expand respite care services. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.J.R. 42, a joint resolution reauthorizing the Special Committee on Prisons. 

On motion of Senator Parnell, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution, passes its second (45-1) and third readings and is ordered, 
without objection, sent to the House of Representatives by special messenger. 

By Senators Royall, Basnight, Martin of Pitt, Martin of Guilford, Marvin, Plyler, 
Walker, and Ward: 

S.B. 43, a bill to make appropriations for current operations of State departments, 
institutions, and agencies, and for other purposes. 

Referred to Appropriations Committee. 

By Senators Royall, Basnight, Martin of Pitt, Martin of Guilford, Marvin, Plyler, 
Taft, Walker, and Ward: 

S.B. 44, a bill to make appropriations to provide capital improvements for State 
departments, institutions, and agencies. 

Referred to Appropriations Committee. 

By Senators Martin of Pitt and Taft: 

S.B. 45, a bill to appropriate funds for the Eastern Regional Conference Center at 
East Carolina University. 

On motion of Senator Martin of Pitt, the bill is held as filed in the Office of the 
Principal Clerk. 



January 23, 1989 



1989] SENATE JOURNAL 47 

By Senators Martin of Pitt and Taft: 

S.B. 46, a bill to appropriate funds for land acquisition at East Carolina University. 
On motion of Senator Martin of Pitt, the bill is held as filed in the Office of the 
Principal Clerk. 

ADDITIONAL ENDORSEMENTS 

The following Senator requests to be recorded endorsing a bill previously introduced: 

By Senator Goldston: 

S.B. 39, a bill to allow a percentage discount to merchants for collecting State sales 
and use taxes. 

EXECUTIVE ORDERS 

Executive Orders received are referred to committee, as follows: 

Executive Order Number 79, North Carolina Small Business Council. 
Referred to Small Business Committee. 

Executive Order Number 80, North Carolina Drug Cabinet. 
Referred to State Government Committee. 

Executive Order Number 81, Amendment to Executive Number 80 North 
Carolina Drug Cabinet. 

Referred to State Government Committee. 

Senator Rauch rises to a point of personal privilege to acknowledge and congratulate 
Senator Henson P. Barnes, President Pro Tempore, who was featured as "Tarheel of 
the Week" by the News and Observer. 

On motion of Senator Barnes, seconded by Senator Sands, the Senate adjourns at 
8:20 P.M. to meet tomorrow, January 24, at 1:30 P.M. 



EIGHTH DAY 



Senate Chamber, 
Tuesday, January 24, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, from Whom all blessings flow, and to Whom all praise be given, behold, 
how some of Thy fortunate and needy children are bowed now, before Thee. We bow 
to acknowledge Thee as God, and to renew our strength today. We remember the 
promise of Thy poet, that it's possible 'to mount up with wings like eagles; to run and 
not be weary; to walk and not faint. ' Such gifts of grace come only to those who wait 
before Thee, therefore, with the psalmist we say, 'I wait for the Lord, my soul doth 
wait, and in His word do I hope.' Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
January 23, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



January 24, 1989 



48 SENATE JOURNAL [Session 

The President grants courtesies of the gallery to Charles W. Hipps, former Senator 
from Haywood County. 

The President grants a leave of absence to Senator Plyler for today. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Royall for the Appropriations Committee: 

S.B. 37, a bill to allow the budget transfers to fully fund the Legislative Tuition 
Grant Program and the Contractual Scholarship Grant Program, with a favorable re- 
port. 

S.B. 38, a bill to make an emergency appropriation for correctional programs and 
projects, with an unfavorable report as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Royall, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Royall, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, January 25. 

By Senator Swain for the Judiciary I Committee: 

S.B. 19, a bill to appropriate funds for satellite jail/work release units for mis- 
demeanants and to relieve prison overcrowding, with a favorable report. 

On motion of Senator Swain, the bill is re-referred to the Appropriations Commit- 
tee. 

S.B. 10, a bill to decriminalize the possession of certain lottery tickets, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended, and the Committee Substitute 
bill which changes the title to read, S.B. 10 (Committee Substitute), a bill to decrimi- 
nalize the possession of state-sponsored lottery tickets, is placed before the Senate for 
immediate consideration. 

On motion of Senator Swain, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Thursday, January 26. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Royall, Goldston, and Sherron: 

S.B. 47, a bill to extend the State Information Processing Needs and Cost Study 
Commission. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Taft, Guy, Marvin, Sherron, Hunt of Durham, and Hunt of Moore: 
S.B. 48, a bill to revise the merit pay system in effect for State employees subject to 

the provisions of Chapter 126 of the General Statutes. 

Referred to State Personnel Committee and upon a favorable report re-referred 

to Appropriations Committee. 



January 24, 1989 



1989] SENATE JOURNAL 49 

On motion of Senator Barnes, seconded Johnson of Wake, the Senate adjourns at 
1:44 P.M. to meet tomorrow, January 25, at 1:30 P.M. 



NINTH DAY 

Senate Chamber, 
Wednesday, January 25, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, we are numbered among those who like calling North Carolina home with 
her majestic peaks and fertile plains; her woodlands, rivers, and ocean shores. Her 
people have sent the members of this Senate to Raleigh, not to make war but to make 
laws — laws which are just and wise. Therefore, Heavenly Father, grant each of us a 
passionate love for justice and ways which are wiser than we. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
January 24, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Staton, who is attending 
a board meeting of the Golden Corral, Inc. , to Senator Hardin, who is with the Gover- 
nor in Canton, and to Senator Ballance, who is trying a court case in Warren County. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Swain for the Judiciary I Committee. 

S.B. 40, a bill to amend and extend the Prison Population Stabilization Act, to 
amend and expand community service parole, to limit the transfer of county prisoners 
to the State prison system, and to authorize parole and termination of supervision of 
misdemeanants, with a favorable report. 

On motion of Senator Swain, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration. 

The bill passes its second reading (46-0). 

On motion of Senator Barker the bill is temporarily displaced. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Block: 

S.B. 49, a bill to eliminate the four-year ownership requirement for use- value 
forestland transferred to the owner of other use-value forestland. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 



January 25, 1989 



50 SENATE JOURNAL [Session 

By Senators Winner, Guy, and Smith: 

S.B. 50, a bill to structure individual income tax as a percentage of federal taxable 
income. 

Referred to Finance Committee. 

By Senators Winner, Rauch, and Plyler: 

S.B. 51, a bill to structure individual income tax as a percentage of federal taxable 
income. 

Referred to Finance Committee. 

By Senator Block: 

S.B. 52, a bill to clarify that business brokers are not securities dealers. 

Referred to Judiciary III Committee. 

By Senators Block, Richardson, and Hunt of Durham: 

S.B. 53, a bill to authorize the Legislative Research Commission to study Sickle 
Cell Anemia. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Block and Smith: 

S.B. 54, a bill to permit elderly individuals to defer payment of property tax in- 
creases on their residence until the property is transferred. 

Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee and upon a favorable report re-referred to Finance Committee. 

By Senators Sands, Barker, Cobb, Conder, Johnson of Wake, Martin of Pitt, Par- 
nell, and Swain: 

S.B. 55, a bill to appropriate funds for the Land Records Management Program for 
matching grants to complete mapping projects in every county. 

Referred to Appropriations Committee. 

By Senators Sands, Barker, Cobb, Conder, Johnson of Wake, Martin of Pitt, Par- 
nell, and Swain: 

S.B. 56, a bill to require a general reappraisal of real property when the level of 
assessment in the county is significantly below fair market value. 

Referred to Finance Committee. 

By Senators Hunt of Moore, Allran, Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Cochrane, Conder, Daniel, Guy, Harris, Hunt of Durham , Johnson of Wake, 
Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Odom, Parnell, Rauch, 
Richardson, Royall, Sherron, Simpson, Soles, Speed, Staton, Swain, Taft, Tally, 
Walker, and Ward: 

S.B. 57, a bill to create the Youth Suicide Advisory Board and to appropriate funds 
therefor. 

Referred to Children and Youth Committee and upon a favorable report re-re- 
ferred to Rules and Operation of the Senate Committee and upon a favorable 
report re-referred to Appropriations Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



January 25, 1989 



1989] SENATE JOURNAL 51 



House of Representatives 
January 24, 1989 



Mr. President: 



It is ordered that a message be sent your Honorable Body with the information that 
the House Democratic Caucus elected Representative Dennis Wicker as Majority 
Leader and Representative Milton Fitch as the Majority Whip. 

Respectfully, 
S/Grace Collins 
Principal Clerk 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 40, a bill to amend and extend the Prison Population Stabilization Act, to 
amend and expand community service parole, to limit the transfer of county prisoners 
to the State prison system, and to authorize parole and termination of supervision of 
misdemeanants, temporarily displaced earlier. 

Senator Barker offers Amendment No. 1 which is adopted (46-0). 

The bill, as amended, passes its third reading (45-0). 

The bill, as amended, is ordered, without objection, sent to the House of Represen- 
tatives by special messenger, without engrossment. 

S.B. 37, a bill to allow the budget transfers to fully fund the Legislative Tuition 
Grant Program and the Contractual Scholarship Grant Program. 

The bill passes its second (46-0) and third readings and is ordered, without objec- 
tion, sent to the House of Representatives by special messenger. 

S.B. 38 (Committee Substitute), a bill to make an emergency appropriation for 
correctional programs and projects. 

Senator Parnell calls the previous question, seconded by Senator Johnson of Wake. 
Without objection, the call is sustained. 

The Committee Substitute bill passes its second reading (45-0) and, without objec- 
tion, remains before the Senate for further consideration. 

The Committee Substitute bill passes its third reading (45-0) and is ordered, with- 
out objection, sent to the House of Representatives by special messenger. 

On motion of Senator Barnes, seconded by Senator Sands, the Senate adjourns at 
2:51 P.M. to meet tomorrow, January 26, at 1:30 P.M. 



TENTH DAY 



Senate Chamber, 
Thursday, January 26, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, we stand in awe today of One Whose power put the stars in their 
places yet Whose ear hears the falling sparrow. Give to us the boldness to believe that 
Your power has given us our places of privilege and that Your ear is receptive, even 
now, to the silent whisper of each heart. Amen." 



January 26, 1989 



52 SENATE JOURNAL [Session 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
January 25, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Walker for today. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Hunt of Moore and Speed: 

S.B. 58, a bill that designates the solid waste branch in the Department of Human 
Resources to serve as the central clearinghouse for information regarding solid waste 
management. 

Referred to Environment and Natural Resources Committee. 

By Senators Hunt of Moore, Royall, Marvin, and Sherron: 

S.J.R. 59, a joint resolution to continue as an ongoing study the Study of the State 
Personnel System. 

Referred to Rules and Operations of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Hunt of Moore, Royall, Marvin, and Sherron: 

S.B. 60, a bill to appropriate funds to support the State W.I.S.E. (Wellness Im- 
provement for State Employees) Program. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 61, a bill to amend the statement of cost of public documents. 

Referred to State Government Committee. 

By Senator Martin of Pitt: 

S.B. 62, a bill to establish a uniform policy for the production and distribution of 
State publications. 

Referred to State Government Committee. 

By Senator Martin of Pitt: 

S.B. 63, a bill to authorize a county to permit taxpayers to appeal decisions of the 
Board of Equalization and Review to the Board of County Commissioners. 

Referred to Judiciary III Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Odom: 

S.B. 64, a bill to amend the law regarding retirement as it applies to the Charlotte/ 
Mecklenburg Public Broadcasting Authority. 

Referred to Pensions and Retirement Committee. 

By Senator Smith: 

S.B. 65, a bill to establish a General Reserve Fund. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 66, a bill to authorize the City of Monroe to purchase natural gas by using 
informal bid procedures. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Kincaid: 

S.B. 67, a bill to allow members of the Board of Aldermen of the Town of Cajah 
Mountain serve more than two consecutive terms. 

Referred to Local Government and Regional Affairs Committee. 



January 26, 1989 



1989] SENATE JOURNAL 53 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 10 (Committee Substitute), a bill to decriminalize the possession of state- 
sponsored lottery tickets. 

Senator Swain offers Amendment No. 1 which is adopted (44-2). 

Senator Sands offers Amendment No. 2 which is adopted (43-5). Senator 
Goldston requests to be recorded voting "aye." Senator Guy requests to be recorded 
voting "no." 

Senator Chalk offers Amendment No. 3. Senator Swain offers a motion that 
Amendment No. 3 do lie upon the table, seconded by Senator Kaplan, which motion 
prevails (33-14). Amendment No. 3 lies upon the table. 

Senator Bryan offers Amendment No. 4 which fails of adoption (12-35). 

Senator Swain calls the previous question, seconded by Senator Martin of Guilford. 
The call is sustained (40-8) . 

The Committee Substitute bill, as amended, passes its second reading (25-23). 
Senator Goldston requests to be recorded voting "aye." Senator Guy requests to be 
recorded voting "no." 

Senator Johnson of Wake objects to the third reading of the Committee Substitute 
bill, as amended. 

The Committee Substitute bill, as amended, is ordered placed on the Calendar for 
Monday, January 30, for further consideration, upon third reading. 

The President recognizes the following pages serving in the Senate this week: Trina 
Michelle Bell, Youngs ville; Wendy d'Ambrosi, Raleigh; Christopher Kyle Goforth, 
Kings Mountain; Jeremy Butler Gould, Raleigh; Angela Renee Graves, Broadway; 
Julee Barnes Efird, Jacksonville; Lindsay Michele Martin, Raleigh; Ronnie Mitchell, 
Youngsville; Erica Wynette Newkirk, Raleigh; Kelly M. Powell, Raleigh; Sally Roda, 
Asheville; Crystle Elaine Thompson, Cordova; and Jennie Thompson, Raleigh. 

On motion of Senator Barnes, seconded by Senator Marvin, the Senate adjourns at 
2:38 P.M. to meet Monday, January 30, at 8:00 P.M. 



ELEVENTH DAY 



Senate Chamber, 
Monday, January 30, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by The Honorable Marshall A. Rauch, Senator from Gaston 
County, as follows: 

"Our God and Creator, we thank You for the sense of justice You have implanted 
within us, and which always seeks, though at times haltingly, to express itself in daily 
life. 

"Make us, O God, more steadfast in our desire to do Your will. Teach us that the 
men and women around us are our brothers and sisters, and fill us with such love for 
our fellow creatures that we will never wrong them, or exploit them, or take advantage 
of their weakness or ignorance. 

"Kindle in us a passion for righteousness. Grant us the vision to see that only jus- 
tice can endure, and that only in being just to one another can we make our lives 
acceptable to You. 



January 30, 1989 



54 SENATE JOURNAL [Session 

"May we by our thoughts and our deeds hasten the time when wrong and violence 
shall cease, and justice be established in all the earth. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
January 26, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Walker due to the 
death of his sister and to Senator Staton. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Rauch: 

S.B. 68, a bill to authorize the issuance of not in excess of seventy-three million 
dollars bonds or notes of the State to provide funds, with other available funds, for the 
construction, acquisition and equipping of capital improvements for the State and its 
departments and agencies, such authorized bonds or notes to be issued without an 
election during the biennium ended June 30, 1991, in an amount not in excess of such 
authorized amount and not in excess of two-thirds of the amount by which the State's 
outstanding indebtedness shall have been reduced during the 1987-89 biennium. 

Referred to Finance Committee. 

By Senator Barker: 

S.B. 69, a bill to appropriate funds to the Department of Community Colleges for 
Carteret Community College for construction of a student center classroom building. 
Referred to Appropriations Committee. 

By Senator Odom: 

S.B. 70, a bill to add hydrocarbons to motor vehicle exhaust inspections. 

Referred to Transportation Committee. 

By Senator Odom: 

S.B. 71, a bill to authorize the City of Charlotte to create a Code Enforcement 
Board. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Tally and Raynor: 

S.B. 72, a bill to appropriate funds for the Myrover-Reese Fellowship Home Sub- 
stance Abuse Facility. 

Referred to Appropriations Committee. 

By Senators Marvin and Harris: 

S.B. 73, a bill to appropriate funds for the purchase of antiretroviral drugs. 

Referred to Appropriations Committee. 

By Senators Marvin and Harris: 

S.J.R. 74, a joint resolution authorizing the Legislative Research Commission to 
study the impact of Acquired Immune Deficiency Syndrome on public health and 
health care in North Carolina. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senator Sands, Block, Daniel, Johnson of Wake, and Murphy: 
S.B. 75, a bill to require than in order to be eligible for appointment as a notary 
public a person must be a resident of North Carolina. 
Referred to Judiciary II Committee. 



January 30, 1989 



1989] SENATE JOURNAL 55 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 10 (Committee Substitute), a bill to decriminalize the possession of state- 
sponsored lottery tickets, as amended, upon third reading. 

Senator Goldston offers Amendment No. 5. 

Senator Johnson of Wake offers a motion that the Committee Substitute bill, as 
amended, with Amendment No. 5 pending, be recommitted to the Judiciary I Com- 
mittee, which motion fails to prevail (14-32). 

Amendment No. 5, offered by Senator Goldston, is adopted (37-7). 

Senator Shaw offers Amendment No. 6 which is adopted (44-2). 

The Committee Substitute bill, as amended, passes its third reading (27-19) and is 
ordered engrossed and sent to the House of Representatives. 

APPOINTMENT OF COMMITTEES 

The President Pro Tempore submits the following changes in appointments to stand- 
ing committees, as follows: 

CHILDREN AND YOUTH COMMITTEE: Senators Johnson of Cabarrus 
and Speed are appointed. 

FINANCE COMMITTEE: Senators Carpenter, Daughtry, and Speed are ap- 
pointed. Senator Johnson of Cabarrus is removed. 

HUMAN RESOURCES COMMITTEE: Senator Ward is appointed. 

MARINE RESOURCES AND WILDLIFE COMMITTEE: Senator Winner 
is appointed. 

RULES AND OPERATION OF THE SENATE COMMITTEE: Senators 
Cochrane, Hunt of Durham, and Marvin are appointed. 

The President recognizes the following pages serving in the Senate this week: 

Isabella Castro Bilancieri, Jacksonville; Harry Wayne Bray, Blanch; Harold Scott 
Brewer, Burlington; Leslie Anne Byard, Eden; Gina Leigh Collins, Jacksonville; Cas- 
sidy Dale, Wake Forest; Phillip J. Daughtry, Jacksonville; Hollis Milton Gunn, 
Greenville; Brad Harris, Raleigh; Lacy Chadwick Hobgood, Louisburg; Raquel 
Hughes, Milton; Sherman Jeffers, Blanch; Heather Parsons, Eden; Luna Pointer, 
Semora; Carrie Roney, Mebane; Tarlesia Rowell, Milton; Wilson Scott, Milton; John 
Shepherd, Wake Forest; Brian Keith Walston, Wilson; and Amy Yarborough, 
Semora. 

On motion of Senator Barnes, seconded by Senator Marvin, the Senate adjourns at 
8:45 P.M. in memory of Charles D. "Babe" Owens, Representative from Rutherford 
County, to meet tomorrow, January 31, at 1:30 P.M. 



TWELFTH DAY 



Senate Chamber, 
Tuesday, January 31, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



January 31, 1989 



56 SENATE JOURNAL [Session 

Prayer is offered by The Honorable Helen Rhyne Marvin, Senator from Gaston 
County, as follows: 

"Most Gracious Lord, as we stand before Thee today as elected representatives, 
Senators of the people of this great State, Thou knowest what is in our hearts and 
minds. 

"Cleanse us of thoughts of greed and petty partisanship. 

"Restrain us from submitting to the temptation to grab power and use it for our own 
personal aggrandizement. We thank Thee, Lord, that Thou hast blessed us with the 
privilege of living in a democratic society, where, as Hubert Humphrey said years ago: 
'The moral test of government is how it treats those who are in the dawn of life — the 
children; those who are in the twilight of life— the aged; and those who are in the 
shadows of life — the sick, the needy, and the handicapped.' 

"We are grateful, Father, for the opportunity Thou hast given us to work together in 
this Senate to prove that we can measure up to this moral test and thus ensure a just 
and charitable government for all the citizens of North Carolina. 

"Now, as we seek to serve the people, O God, help us to remember that we can 
truly serve them only as we seek to serve Thee. 

"Grant us then, we pray, the humility to seek Thy divine guidance, the wisdom to 
recognize Thy will, and the courage to act upon it, so that all that we say and do will 
be to Thy glory. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
January 30, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants courtesies of the gallery to the Honorable H. Weldon Lloyd, 
Jr., District Court Judge for the Ninth Judicial District. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Basnight: / 

S.B. 76, a bill to prohibit the issuance of a drivers license to or the suspension of 
the drivers license of a minor who has been convicted of drug or alcohol offenses. 
Referred to Judiciary I Committee. 

By Senators Sands, Block, Daniel, Sherron, Swain, and Winner: 

S.B. 77, a bill to make the possession of any amount of cocaine a felony. 

Referred to Judiciary II Committee. 

By Senator Johnson of Wake: 

S.B. 78, a bill to implement the recommendation of the Joint Legislative Utility 
Review Committee to extend the expiration date of the fuel charge adjustment provi- 
sions of the General Statutes. 

Referred to Public Utilities Committee. 

By Senators Guy, Basnight, Conder, Ezzell, Kincaid, Martin of Pitt, Murphy, Par- 
nell, Rauch, Smith, Speed, and Staton: 

S.B. 79, a bill to require that the remains of terminated pregancies be disposed of in 
a humane manner limited to burial, cremation, or approved hospital type of incinera- 
tion. 

Referred to Human Resources Committee. 

By Senator Harris: 

S.B. 80, a bill to establish a long-term care ombudsman program. 

Referred to Human Resources Committee. 



January 31, 1989 



1989] SENATE JOURNAL 57 

By Senator Harris: 

S.B. 81, a bill to appropriate funds to enhance investigation and resolution of 
complaints against nursing homes and rest homes. 
Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S.B. 82, a bill concerning the review of administrative rules mandated by the Gen- 
eral Assembly. 

Referred to Judiciary III Committee. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 28, a bill to allow the Board of Equalization and Review to adjourn on Decem- 
ber 1 in the year of a county revaluation of real property, with a favorable report. 

On motion of Senator Johnson of Wake, the bill is re-referred to the Finance 
Committee. 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 16, a bill to allow the Towns of Indian Trail, Stallings, and Weddington to 
regulate the abandonment of junked motor vehicles, with a favorable report, as 
amended. 

APPOINTMENTS BY THE GOVERNOR 

The President directs the Reading Clerk to read the following messages from the 
Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 

January 30, 1989 

The Honorable James C. Gardner 
Lieutenant Governor of North Carolina 
State Capitol 
Raleigh, North Carolina 27603 

Re: North Carolina Utilities Commission 

Dear Lieutenant Governor Gardner: 

Pursuant to North Carolina General Statute Section 62-10, I, hereby appoint Charles 
H. Hughes of Wake County to the North Carolina Utilities Commission for the term 
beginning July 1, 1989 and ending June 30, 1997 and to fill the vacancy created by the 
resignation of Robert K. Koger, whose term expires June 30, 1989, subject to confir- 
mation by the General Assembly in joint session. Furthermore, I hereby submit his 
name to the General Assembly for said confirmation. 

Sincerely, 

S/James G. Martin 
Governor 

Referred to Public Utilities Committee. 



January 31, 1989 



58 SENATE JOURNAL [Session 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 

January 30, 1989 

The Honorable James C. Gardner 
Lieutenant Governor of North Carolina 
State Capitol 
Raleigh, North Carolina 27611 

Re: Executive Director of the North Carolina 
Utilities Commission Public Staff 

Dear Lieutenant Governor Gardner: 

Pursuant to North Carolina General Statute Section 62-15, I hereby appoint Robert 
Gruber of Wake County as the Executive Director of the North Carolina Utilities Com- 
mission Public Staff for the term beginning July 1, 1989 and ending June 30, 1995, 
subject to confirmation by the General Assembly in joint session. Furthermore, I 
hereby submit his name for said confirmation. 

Sincerely, 

S /James G. Martin 

Governor 

Referred to Public Utilities Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S.B. 40, a bill to amend and extend the Prison Population Stabilization Act, to 
amend and expand community service parole, to limit the transfer of county prisoners 
to the State prison system, and to authorize parole and termination of supervision of 
misdemeanants, as amended, for concurrence in House Amendments No. 1, No. 2, 
No. 3, and No. 4. 

On motion of Senator Parnell, the rules are suspended, and the bill, as amended, is 
placed before the Senate for immediate consideration (47-0) . 

On motion of Senator Parnell, the Senate concurs in House Amendments No. 1, 
No. 2, No. 3, and No. 4 and the bill is ordered enrolled. 

On motion of Senator Barnes, seconded by Senator Ballance, the Senate adjourns 
at 1:56 P.M. to meet tomorrow, February 1, at 1:30 P.M. 



THIRTEENTH DAY 



Senate Chamber, 
Wednesday, February 1, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



February 1, 1989 



1989] SENATE JOURNAL 59 

Prayer is offered by the Honorable Frank W. Ballance, Jr., Senator from Warren 
County, as follows: 

"Our Father and our God, the God of our heritage and our hope, God of our weary 
years, and of our silent tears, we come before Thee this day offering our thanks. We 
ask for Thy continued guidance as we seek to serve our fellow man in this great Body. 
Lord, as we proceed along the way, guide our stumbling feet and hold our trembling 
hands. Help us to remember that even as the sun travels from the eastern shores 
toward the western hills, mankind travels from time into eternity. Bless us, keep us; 
these and all other blessings, we ask in Thy Name. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
January 31, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Goldston who is attend- 
ing a funeral. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Barker and Block: 

S.B. 83, a bill to authorize the Board of the State Ports Authority to appoint the 
Executive Director of the Authority and to authorize the Executive Director to appoint, 
employ, dismiss and fix the compensation of other Ports Authority employees. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Barker, Basnight, Cobb, Conder, Daniel, Johnson of Wake, Martin of 
Pitt, Parnell, Rauch, Richardson, Sands, and Swain: 

S.B. 84, a bill to index the amount of the property tax homestead exemption and 
the amount of the income threshold for eligibility for the exemption. 

Referred to Judiciary III Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Martin of Guilford: 

S.B. 85, a bill to appropriate funds for the Charlotte Hawkins Brown State Historic 
Site. 

Referred to Appropriations Committee. 

By Senators Walker, Allran, Harris, Hunt of Moore, Rauch, and Richardson: 
S.B. 86, a bill to require the Department of Human Resources to develop a social 
services plan to ensure the uniform availability of core social services and public assis- 
tance programs to the citizens of North Carolina. 
Referred to Human Resources Committee. 

By Senators Walker, Hunt of Moore, Richardson, Allran, Harris and Rauch: 
S.B. 87, a bill to require the Department of Human Resources to establish an infor- 
mation program regarding public assistance and social services programs, to develop a 
plan to target low-income persons for information and referral, and to create a posi- 
tion to implement the programs. 

Referred to Human Resources Committee and upon a favorable report re-re- 
ferred to Appropriations Committee. 

By Senators Hunt of Moore, Walker, and Royall: 

S.B. 88, a bill to amend Chapter 899 of the 1985 Session Laws (Regular Session, 
1986) to provide changes only with respect to a wholly self-liquidating project. 

Referred to Higher Education Committee and upon a favorable report re-re- 
ferred to Finance Committee. 



February 1, 1989 



60 SENATE JOURNAL [Session 

By Senators Kincaid and Simpson: 

S.B. 89, a bill to amend the Constitution of North Carolina to limit the number of 
days the General Assembly may remain in session each year. 
Referred to Constitution Committee. 

By Senator Odom: 

S.B. 90, a bill to allow the City of Charlotte to exercise the power of eminent do- 
main under certain conditions to provide housing for low-and moderate-income per- 
sons. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Simpson and Kincaid: 

S.B. 91, a bill to require notification of victims that a parole decision is pending. 

Referred to Judiciary I Committee. 

By Senator Hardin: 

S.B. 92, a bill to amend the Executive Budget Act to provide that when bill is 
ratified on or after July 1, which imposes any additional costs upon counties and /or 
municipalities during the fiscal year in which the bill is ratified, the State shall reim- 
burse the counties and/or municipalities for such costs during that fiscal year. 

Referred to Ways and Means Committee. 

By Senators Carpenter and Hardin: 

S.B. 93, a bill to allow Transylvania County to convey to Transylvania Vocational 
Services Foundation, Inc. certain real estate at private sale. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Daniel, Conder, Ezzell, Goldston, Guy, Hunt of Durham, Rauch, 
Speed, and Winner: 

S.B. 94, a bill to provide for six-year terms for the Governor and Lieutenant Gover- 
nor. 

Referred to Constitution Committee. 

By Senators Daniel, Barker, Block, Conder, Ezzell, Goldston, Guy, Harris, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, 
Marvin, Odom, Rauch, Richardson, Royall, Sands, Sherron, Smith, Soles, Speed, 
Staton, Swain, Ward, and Winner: 

Without objection, Senator Chalk is allowed to remove his name as a co-sponsor of 
the measure. 

S.B. 95, a bill to amend the Constitution of North Carolina to provide for four-year 
terms for members of the General Assembly, and to make conforming changes to 
other statutes. 

Referred to Constitution Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 16, a bill to allow the Towns of Indian Trail, Stallings, and Weddington to 
regulate the abandonment of junked motor vehicles. 

On motion of Senator Sands, Committee Amendment No. 1, is adopted. Pursuant 
to Senate Rule 55 upon the point of order raised by Senator Sands, the Chair directs 
the Principal Clerk to reflect the proper changes in the title of the bill to read, S.B. 
16, a bill to allow Union County to regulate the abandonment of junked motor vehi- 
cles. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 



February 1, 1989 



1989] SENATE JOURNAL 61 

REPORTS TO GENERAL ASSEMBLY 

Boards, Commissions, and Agencies directed to report to the General Assembly 
submit reports which are placed on file in the Legislative Library, as follows: 

The North Carolina Farmworker Council; 
Department of Public Instruction Biennial Report. 

The President of the Senate recognizes Senator Winner who notifies the Senate, 
pursuant to Rule 77, of his intention to introduce a Senate resolution to amend the 
Temporary Rules of the Senate. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 40, an act to amend and extend the Prison Population Stabilization Act, to 
amend and expand community service parole, to limit the transfer of county prisoners 
to the State prison system, and to authorize parole and termination of supervision of 
misdemeanants. (Ch. 1) 

On motion of Senator Barnes, seconded by Senator Ballance, the Senate adjourns 
at 1:56 P.M. to meet tomorrow, February 2, at 1:30 P.M. 



FOURTEENTH DAY 



Senate Chamber, 
Thursday, February 2, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable Charles W. Hardin, Senator from Haywood 
County, as follows: 

"Our Father in Heaven, while our heads are bowed, we lift our hearts to You in 
praise and thanksgiving knowing that all good and perfect gifts come from You. We 
thank You for Your message of salvation given through the life, death and resurrection 
of Your Son and for Your spokesmen who have and continue to tell the story of Your 
love and forgiveness. 

"Reaffirm our faith that we may become Your spokespersons, sharing with enthusi- 
asm your gospel with others that they, too, may believe. Bless us with Your wisdom 
and guidance that all we do this day may be pleasing to You. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 1, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



February 2, 1989 



62 SENATE JOURNAL [Session 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 82, a bill concerning the review of administrative rules mandated by the Gen- 
eral Assembly, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended, and the Commit- 
tee Substitute bill is placed before the Senate for immediate consideration and on his 
further motion the Committee Substitute bill is adopted (40-0) . 

On motion of Senator Johnson of Wake, the Committee Substitute bill is placed on 
the Calendar for Tuesday, February 7. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Barker and Block: 

S.J.R. 96, a joint resolution authorizing the Legislative Research Commission con- 
tinue to study the State Ports Authority and International Trade. 

Referred to Rules and Operations of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Barker and Block: 

S.B. 97, a bill to appropriate funds to the State Ports Authority for capital improve- 
ments, repairs, and renovations. 

Referred to Appropriations Committee. 

By Senators Barker and Block: 

S.B. 98, a bill to exempt the State Ports Authority from the purchasing and con- 
tracting and public building provisions of Chapter 143. 
Referred to State Government Committee. 

By Senators Ward and Kaplan: 

S.B. 99, a bill regulating the zoning of family care homes in Winston-Salem. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Johnjon of Cabarrus, Hunt of Durham, and Bryan: 

S.B. 100, a bill to abolish second primaries, and to provide that if any nonpartisan 

runoff elections are held on the date of the second primary, they shall instead be held 

on the date of the general election. 

Referred to Election Laws Committee. 

By Senators Martin of Guilford, Ballance, Basnight, Block, Daniel, Ezzell, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Pitt, 
Odom, Richardson, Royall, Sands, Sherron, Soles, Staton, Swain, Taft, Walker, 
Ward, and Winner: 

S.B. 101, a bill to appropriate funds to reimburse counties for their costs in con- 
ducting the 1988 Presidential Preference Primary. 

Referred to Appropriations Committee. 

By Senators Taft, Daniel, Guy, Hunt of Durham, Marvin, and Sherron: 
S.B. 102, a bill to appropriate funds to the Department of Administration to imple- 
ment the merit pay program. 

Referred to Appropriations Committee. 

By Senators Taft, Royall, and Daniel: 

S.B. 103, a bill to continue the Birth-Related Neurological Impairment Study Com- 
mission and provide that funds previously appropriated to the Commission shall re- 
main available. 

Referred to Rules and Operation of the Senate Committee. 



February 2, 1989 



1989] SENATE JOURNAL 63 

By Senators Barker, Martin of Pitt, Daniel, and Richardson: 

S.B. 104, a bill to establish a certification program for sanitary sewage systems 
contractors, to require certification of sanitary sewage contractors, and to establish a 
statewide fee schedule for improvement permits. 

Referred to State Government Committee and upon a favorable report re-re- 
ferred to Finance Committee. 

By Senators Barker, Martin of Pitt, Daniel, and Richardson: 

S.B. 105, a bill to appropriate funds to the Department of Human Resources and to 
the Board of Governors of the University of North Carolina for research, development, 
and implementation of various on-site waste treatment projects, to aid low income 
people in obtaining repairs to septic tanks, and to provide continuing education for 
sanitarians. 

Referred to Appropriations Committee. 

By Senators Hunt of Durham, Johnson of Cabarrus, and Bryan: 

S.B. 106, a bill to abolish second primaries, and to provide that if any nonpartisan 

runoff elections are held on the date of the second primary, they shall instead be held 

on the date of the general election. 

Referred to Election Laws Committee. 

By Senators Martin of Guilford, Conder, and Smith: 

S.B. 107, a bill to limit the number of hours that students ages fourteen through 
seventeen who do not have a high school diploma can work when enrolled in school in 
an effort to discourage these students from dropping out of school before they gradu- 
ate. 

Referred to Manufacturing and Labor Committee and upon a favorable re- 
port re-referred to Education Committee. 

By Senator Winner: 

S.R. 108, a Senate simple resolution to amend the temporary rules of the 1989 
Senate to provide deadlines for introduction and passage of bills. 

On motion of Senator Winner, the Senate resolution is placed before the Senate for 
immediate consideration. 

Following debate and on motion of Senator Winner, without objection, the Senate 
resolution is placed on the Calendar for Monday, February 6, for further considera- 
tion. 

By Senators Rauch, Daniel, Parnell, and Martin of Pitt: 

S.B. 109, a bill to require the teaching of the Nation's founding and related docu- 
ments in the North Carolina High Schools. 
Referred to Education Committee. 

On motion of Senator Ezzell, seconded by Senator Harris, the Senate adjourns at 
1:56 P.M. to meet Monday, February 6, at 8:00 P.M. 



FIFTEENTH DAY 



Senate Chamber, 
Monday, February 6, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 



February 6, 1989 



64 SENATE JOURNAL [Session 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, from Whom comes all sight and seeing, we confess it is sometimes difficult 
to discern between the craftiness of evil and the wisdom of good. 

"Grant us, therefore, Gracious God, such soundness of mind, and purity of heart, 
that we might find and follow that delicate balance between giving the people what 
they want, and giving the people what they need. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
February 2, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Raynor and to Sena- 
tors Harris and Rauch, due to delayed air travel. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Speed, Block, Carpenter, Cobb, Daniel, Guy, Hardin, Hunt of Moore, 
Martin of Guilford, Odom, Smith, Taft, Tally, and Ward: 

S.B. 110, a bill to appropriate funds for the staff needs of the Solid Waste Branch 
of the Department of Human Resources. 

Referred to Appropriations Committee. 

By Senators Speed, Barker, Block, Bryan, Cobb, Daniel, Guy, Hardin, Hunt of 
Moore, Martin of Guilford, Odom, Smith, Swain, Taft, Tally, and Ward: 

S.B. Ill, a bill to require the Department of Human Resources to complete the 
development of a State comprehensive solid waste management program by January 1 , 
1991, and to establish a State solid waste management policy. 

Referred to Environment and Natural Resources Committee. 

By Senators Speed, Barker, Block, Carpenter, Cobb, Daniel, Guy, Hardin, Hunt of 
Moore, Martin of Guilford, Odom, Smith, Swain, Taft, Tally, and Ward: 

S.J.R. 112, a joint resolution to continue the work of the Legislative Research 
Commission's Committee on solid waste management. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Speed, Barker, Block, Bryan, Carpenter, Cobb, Daniel, Guy, Hardin, 
Hunt of Moore, Martin of Guilford, Odom, Smith, Swain, Taft, Tally, and Ward: 

S.B. 113, a bill to make it clear that a county and a city have the authority to enact 
certain ordinances regulating local solid waste management. 

Referred to Environment and Natural Resources Committee. 

By Senators Speed, Block, Bryan, Cobb, Daniel, Guy, Hardin, Hunt of Moore, 
Martin of Guilford, Odom, Smith, Swain, Taft and Ward: 

S.B. 114, a bill to provide that a county landfill that is a public enterprise has 
conditional authority to charge a municipality located in that county a solid waste dis- 
posal fee. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Speed, Barker, Block, Bryan, Cobb, Daniel, Guy, Hardin, Hunt of 
Moore, Martin of Guilford, Odom, Smith, Swain, Taft, Tally and Ward: 

S.B. 115, a bill to create the North Carolina Solid Waste Management Revolving 
Loan Fund. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 



February 6, 1989 



1989] SENATE JOURNAL 65 

By Senators Speed, Barker, Block, Cobb, Daniel, Guy, Hardin, Hunt of Moore, 
Martin of Guilford, Odom, Smith, Swain, Taft, Tally, and Ward: 

S.B. 116, a bill to declare that it is a policy of this State to promote the use of 
products with recycled content in State purchasing, and to give preference to the pur- 
chase of products with recycled content and to contractors who use products with recy- 
cled content. 

Referred to State Government Committee. 

By Senators Simpson and Kincaid: 

S.B. 117, a bill to provide that murder committed while engaged in drug trafficking 
is an aggravating circumstance for consideration in determining whether to impose a 
death penalty on a convicted defendant. 

Referred to Judiciary I Committee. 

By Senators Simpson and Kincaid: 

S.B. 118, a bill to make North Carolina's capital punishment statute more equita- 
ble. 

Referred to Judiciary I Committee. 

By Senator Guy: 

S.B. 119, a bill to repeal the privilege license tax for flea market vendors, to in- 
crease the tax for flea market operators, to exempt governmental entities from the tax, 
to redefine flea markets as "speciality markets", and to increase the penalty for cer- 
tain violations. 

Referred to Small Business Committee and upon a favorable report re-referred 
to Finance Committee. 

By Senators Hardin and Carpenter: 

S.J.R. 120, a joint resolution requesting that Congress enact legislation providing 
the TVA with exclusive jurisdiction to regulate federal programs in the Tennessee and 
French Broad River basin. 

Without objection, on motion of Senator Hardin and pursuant to Rule 40(c), the 
joint resolution is ordered held as filed in the Office of the Principal Clerk. 

By Senators Block, Barker, Soles, Guy, and Taft: 

S.B. 121, a bill to appropriate funds to the Marine Research and Development 
Crescent for economic development. 

Referred to Appropriations Committee. 

By Senators Martin of Guilford, Tally, and Smith: 

S.B. 122, a bill to provide counseling and educational services to adolescent par- 
ents and their families and for adolescents that terminate their pregnancies and to 
provide family-oriented procedures for notification of pregnancy termination. 

Referred to Children and Youth Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senators Marvin, Taft, and Sands: 

S.B. 123, a bill to establish the Study Commission on the Family. 
Referred to Rules and Operation of the Senate Committee and upon a favor- 
able report re-referred to Appropriations Committee. 

By Senators Marvin, Taft, and Sands: 

S.B. 124, a bill to appropriate funds for training for caregiver support for the eld- 
erly. 

Referred to Appropriations Committee. 



February 6, 1989 



66 SENATE JOURNAL [Session 

By Senators Sands, Block, Barker, Johnson of Wake, Simpson, Staton, Hunt of 
Moore, Daniel, Marvin, and Richardson: 

S.B. 125, a bill to encourage reporting of fraud, waste, and abuse in State govern- 
ment and endangerment to the public health and safety, and to protect informant State 
employees from retaliation. 

Referred to State Personnel Committee. 

By Senator Odom: 

S.B. 126, a bill to extend death benefit provisions to survivors of deputy fire mar- 
shals, assistant fire marshals, and fire inspectors. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senator Odom: 

S.B. 127, a bill establishing pretrial release service fees. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senators Block and Daughtry: 

S.B. 128, a bill to appropriate funds to the Department of Justice for capital expen- 
ditures, personnel costs, and operating expenses for the North Carolina Justice Acad- 
emy. 

Referred to Appropriations Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 165, a joint resolution inviting the Honorable James G. Exum, Jr., Chief 
Justice of the Supreme Court, to address a Joint Session of the Senate and House of 
Representatives. 

On motion of Senator Winner, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (44-0) and third readings and is ordered en- 
rolled. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.R. 108, a Senate simple resolution to amend the tempoary rules of the 1989 Sen- 
ate to provide deadlines for introduction and passage of bills, for adoption. 

On motion of Senator Winner consideration of the resolution is postponed until to- 
morrow, February 7. 

The President recognizes the following pages serving in the Senate this week: 

Grace Elizabeth Daughtry, Ayden; Jennifer Lee Drye, Ayden; William Charles 
Gore III, Whiteville; Kathryn Blair Jones, Rocky Mount; Jonathan Marcus King, 
Raleigh; Sarah Elizabeth Mercer, Farmville; Adam B. Meyer, Wilson; Jennifer 
Wayland Moore, Asheville; Jeanne Mussell, Graham; Nathan Thomas Pierce, Fu- 
quay- Varina; Michael Scott Rainey, Burlington; Chad Dean Roberts, Statesville; 
Karena Stone, Burlington; David Anthony Tyll, Burlington; and Sarah Clarissa Ves- 
tal, Williamston. 

On motion of Senator Barnes, seconded by Senator Taft, the Senate adjourns at 
8:42 P.M. to meet tomorrow, February 7, at 1:30 P.M. 



February 6, 1989 



1989] SENATE JOURNAL 67 

SIXTEENTH DAY 

Senate Chamber, 
Tuesday, February 7, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, we pause just now, to bow the knee of our hearts, as we offer to Thee 
thanks and praise, for the great and mysterious opportunities of our lives. 

"Let none of us be fooled into thinking, that when the Amen has been said to this 
prayer, our obligations to Thee have ended. 

"Rather, from this quiet moment, besides still waters, let light go forth to shine in 
some dark corner, and may strength be found for times of testing. 

"Best of all, cause each of us to know, like the psalmist of old that 'in Thy Presence 
there is fullness of joy; at Thy right hand are pleasures forevermore.' Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 6, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Barker, Block, and Raynor for 
today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

H.J.R. 165, a joint resolution inviting the Honorable James G. Exum, Jr., Chief 
Justice of the Supreme Court, to address a Joint Session of the Senate and House of 
Representatives. (Res. 2) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 66, a bill to authorize the City of Monroe to purchase natural gas by using 
informal bid procedures, with a favorable report. 

S.B. 67, a bill to allow members of the Board of Aldermen of the Town of Cajah 
Mountain serve more than two consecutive terms, with a favorable report. 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 63, a bill to authorize a county to permit taxpayers to appeal decisions of the 
Board of Equalization and Review to the Board of County Commissioners, with a fa- 
vorable report. 

On motion of Senator Johnson of Wake, the bill is re-referred to the Finance 
Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



February 7, 1989 



68 SENATE JOURNAL [Session 

By Senator Ezzell: 

S.B. 129, a bill relating to the establishment and financing of self-insurance pro- 
grams by cities and counties. 

Referred to Insurance Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senators Basnight and Rauch: 

S.B. 130, a bill to prohibit the dumping of infectious waste products into the open 
waters of the Atlantic Ocean and State waters and to strengthen the solid waste pro- 
gram. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Judiciary I Committee. 

By Senators Bryan, Barker, Cochrane, Ezzell, Johnson of Wake, Smith, Tally, and 
Walker: 

S.B. 131, a bill to prohibit the permitting of a low-level radioactive waste facility or 
a hazardous waste facility within thirty-five miles of, or in the same county of, any 
other facility that stores, treats, or disposes of high-level radioactive waste; a low- 
level radioactive waste facility; or hazardous waste facility. 

Referred to Environment and Natural Resources Committee. 

By Senators Winner and Rauch: 

S.B. 132, a bill to remove the statutory requirement that the President Pro Tempore 
serve on the Senate Committee on Pensions and Retirement. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Johnson of Cabarrus: 

S.B. 133, a bill to restore the presidential primary to the same date as the regular 
primary. 

Referred to Election Laws Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.R. 108, a Senate simple resolution to amend the temporary rules of the 1989 
Senate to provide deadlines for introduction and passage of bills, for adoption. 

Senator Rauch offers Amendment No. 1 which is adopted (47-0). 

On motion of Senator Winner, the Senate resolution, as amended, is adopted 
(46-0). The text of this resolution appears as follows: 

Section 1. Rule 41 of the Temporary Rules of the 1989 Senate reads as rewritten: 

RULE 41. Deadlines on Filing for Introduction of Bills and Resolu- 
tions. 

(a) All bills or resolutions recommended by commissions or committees authorized 
or directed by act or resolution of the General Assembly to report to the 1989 regular 
session of the General Assembly or to report prior to convening of that session, must 
be filed for introduction not later than the last Thursday in February (February 23) of 
the first year of the biennial session; provided that any such measure submitted to the 
Bill Drafting Division of the Legislative Services Office by 4:00 p.m. on that date and 
filed for introduction in the Senate before 3:00 p.m. on the next Thursday (March 2) 
shall be treated as if it had been filed for introduction pursuant to this subsection. 

(al) All bills prepared to be introduced by departments, agencies, or institutions of 
the State must be filed for introduction not later than the second Thursday in March 
(March 9) of the first year of the biennial session; provided that any such measure 
submitted to the Bill Drafting Division of the Legislative Services Office by 4:00 p.m. 
on that date and filed for introduction in the Senate before 3:00 p.m. on the next 
Thursday (March 16) shall be treated as if it had been filed for introduction pursuant 
to the subsection. 



February 7, 1989 



1989] SENATE JOURNAL 69 

(a2) All local bills must be filed for introduction not later than the third Thursday in 
March (March 16) of the first year of the biennial session; provided that any such 
measure submitted to the Bill Drafting Division of the Legislative Services Office by 
4:00 p.m. on that date and filed for introduction in the Senate before 3:00 p.m. on 
the next Thursday (March 23) shall be treated as if it had been filed for introduction 
pursuant to this subsection. t 

(a3) All resolutions, except those honoring the memory of deceased persons or ad- 
journing the General Assembly must be filed for introduction not later than the first 
Thursday in May (May 4) of the first year of the biennial session; provided that any 
such measure submitted to the Bill Drafting Division of the Legislative Services Office 
by 4:00 p.m. on that date and filed for introduction in the Senate before 3:00 p.m. on 
the next Thursday (May 11) shall be treated as if it had been filed for introduction 
pursuant to this subsection. 

(a4) All public bills not containing appropriations or not requiring to be referred to 
the Committee on Finance by Rule 42 must be filed for introduction not later than the 
last Thursday in March (March 30) of the first year of the biennial session; provided 
that any such measure submitted to the Bill Drafting Division of the Legislative Serv- 
ices Office by 4:00 p.m. on that date and filed for introduction in the Senate before 
3:00 p.m. on the next Thursday (April 6) shall be treated as if it had been filed for 
introduction pursuant to this subsection. 

(a5) All public bills containing appropriations requiring to be referred to the Com- 
mittee on Finance by Rule 42 must be filed for introduction not later than the last 
Thursday in April (April 27) of the first year of the biennial session; provided that any 
such measure submitted to the Bill Drafting Division of the Legislative Services Office 
by 4:00 p.m. on that date and filed for introduction in the Senate before 3:00 p.m. on 
the next Thursday (May 4) shall be treated as if it had been filed for introduction 
pursuant to this subsection. 

(a6) A two-thirds (2/3) vote of the membership of the Senate present and voting 
shall be required to file for introduction any bill or resolution after the dates established 
by this section. 

(a7) Except for subsection (c) , this rule shall not apply to any reconvened session 
following the adjournment of the first year of the biennial session. 

(b) In order to be eligible for consideration by the Senate during the first regular 
session, all House Bills other than those required to be referred to the Committee on 
Finance by Rule 42, appropriations bills or adjournment resolutions, must be received 
and read on the floor of the Senate as a message from the House no later than May 1 1 
of the first regular session; provided that a message from the House received by the 
next legislative day stating that a bill has passed its third reading and is being en- 
grossed shall comply with the requirements of this subsection and provided that the 
House has a similar rule. 

(c) No Senate local appropriations bill may be filed for introduction in the Senate 
during the second year of the biennial session unless it is filed for introduction on or 
before June 16 of the second year of the biennial session. 

Sec. 2. This resolution is effective upon adoption. 

S.B. 82 (Committee Substitute), concerning the review of administrative rules 
mandated by the General Assembly. 

The Committee Substitute bill, passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 



ESCORT COMMITTEE 

Pursuant to H.J.R. 165, a joint resolution inviting the Honorable James G. Exum, 
Jr., Chief Justice of the Supreme Court, to address a Joint Session of the Senate and 



February 7, 1989 



70 SENATE JOURNAL [Session 

House of Representatives, the President Pro Tempore appoints Senators Swain, Soles, 
Johnson of Wake, and Cobb to greet and escort The Honorable James G. Exum, 
Chief Justice of the Supreme Court, to the Joint Session. 

On motion of Senator Barnes, seconded by Senator Taft, the Senate adjourns at 
1:47 P.M. to meet tomorrow, February 8, at 2:00 P.M. 



SEVENTEETH DAY 



Senate Chamber, 
Wednesday, February 8, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Holy God, Who has mastered the art of mingling justice with mercy, as we go to 
hear the Chief Justice of our State, we would give Thee thanks for our colleagues in 
the House, who share with us the responsibility for making the laws, and for the police 
who must enforce the laws. 

"Especially are we grateful today for the judges who sit at the bar of justice and seek 
to say, in specific instances, exactly what a law means. Grant to them and all of us 
such wisdom and effective grace that when we come to stand before Thee, O Judge of 
all the earth, each of us shall receive a minimum of justice and a maximum of mercy. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 7, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Barker, to Senator 
Raynor who is ill, and to Senator Conder who is attending the Eastern Regional Con- 
ference of the Southern Legislative Conference of the Council of State Governments in 
Washington, D. C. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harris for the Human Resources Committee: 

S.B. 80, a bill to establish a long-term care Ombudsman program, with a favorable 
report. 

S.B. 79, a bill to require that the remains of terminated pregnancies be disposed of 
in a humane manner limited to burial, cremation, or approved hospital type of incin- 
eration, with a favorable report, as amended. 



February 8, 1989 



1989] SENATE JOURNAL 71 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 52, a bill to clarify that business brokers are not securities dealers, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended, and the Commit- 
tee Substitute bill is placed before the Senate for immediate consideration and on his 
further motion the Committee Substitute bill is adopted. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is placed on 
the Calendar for Thursday, February 9. 

By Senator Goldston for the Transportation Committee. 

S.B. 15, a bill decreasing the interest to be paid on partial license fees, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Goldston, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Goldston, the Committee Substitute bill is referred to the Fi- 
nance Committee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Odom, Bryan, Daniel, Hunt of Moore, Johnson of Cabarrus, Rauch, 
Shaw, Simpson, and Smith: 

S.B. 134, a bill to allow hearing impaired persons to serve on juries. 
Referred to Judiciary III Committee. 

By Senator Johnson of Cabarrus: 

S.B. 135, a bill to provide that acts alleged to be adulterous occurring after the 
separation of a married couple are not grounds for alimony. 
Referred to Judiciary II Committee. 

By Senator Kincaid: 

S.B. 136, a bill authorizing the qualified voters of the Village of Sugar Mountain to 
determine whether mixed beverages may be sold in that Village. 
Referred to Alcoholic Beverage Control Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of as follows: 

H.B. 52, a bill to appoint members of the Whiteville City Board of Education. 
On motion of Senator Soles, and the bill is placed before the Senate for immediate 
consideration. 

The bill passes its second (45-0) and third readings and is ordered enrolled. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

February 8, 1989 



72 SENATE JOURNAL [Session 

H.J. R. 165 House of Representatives 

February 7, 1989 

Mr. President: 

Pursuant to H.J.R. 165, A JOINT RESOLUTION INVITING THE HON- 
ORABLE JAMES G. EXUM, JR., CHIEF JUSTICE OF THE SUPREME 
COURT, TO ADDRESS A JOINT SESSION OF THE SENATE AND 
HOUSE OF REPRESENTATIVES, the Speaker appoints the following members 
of the House of Representatives to serve with a like Committee of the Senate to escort 
the Chief Justice to the Joint Session: 

Representative Johnathan L. Rhyne, Jr. 
Representative Charles Cromer 
Representative H. M. Michaux, Jr. 
Representative Annie B. Kennedy 
Representative Roy A. Cooper, III 

Respectfully, 

S /Grace A. Collins 

Principal Clerk 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 66, a bill to authorize the City of Monroe to purchase natural gas by using 
informal bid procedures. 

Senator Ezzell offers Amendment No. 1 changing the title to read S.B. 66, a bill to 
authorize the Cities of Monroe, Greenville and Rocky Mount to purchase natural gas 
by using informal bid procedures. 

Amendment No. 1 is adopted (45-0). 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 67, a bill to allow members of the Board of Aldermen of the Town of Cajah 
Mountain serve more than two consecutive terms. 

The bill passes its second (44-1) and third readings and is ordered sent to the House 
of Representatives. 

Pursuant to H.J.R. 165, a joint resolution inviting the Honorable James G. Exum, 
Jr., Chief Justice of the Supreme Court, to address a Joint Session of the Senate and 
House of Representatives, the President orders a special message sent to the House of 
Representatives informing that Honorable Body that the Senate stands ready to repair 
to the Hall of the House, there to sit in Joint Session with that Honorable Body for the 
purpose of receiving the address of the Chief Justice. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 165 House of Representatives 

February 8, 1989 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to H.J.R. 165, A JOINT RESOLUTION INVITING THE 



February 8, 1989 



1989] SENATE JOURNAL 73 

HONORABLE JAMES G. EXUM, JR., CHIEF JUSTICE OF THE SU- 
PREME COURT, TO ADDRESS A JOINT SESSION OF THE SENATE 
AND HOUSE OF REPRESENTATIVES, the House of Representatives stands 
ready to receive the Senate in Joint Session. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

Senator Barnes, seconded by Senator Swain, offers a motion that the Senate recess, 
to meet in Joint Session with the House of Representatives for the purpose of receiving 
the Address of the Chief Justice, and further upon dissolution of the Joint Session to 
stand adjourned to meet tomorrow, Thursday, February 9, at 1:30 P. M., which mo- 
tions prevail. 

Pursuant to the motions of Senator Barnes, the Senate preceded by its officers, re- 
pairs to the Hall of the House of Representatives, there to sit in Joint Session with that 
Honorable Body for the purpose of receiving the message of the Chief Justice of the 
Supreme Court of North Carolina. 



JOINT SESSION 

The Senate is received by the members of the House of Representatives standing, 
and the Joint Session is called to order by Representative Josephus Mavretic, Speaker 
of the House of Representatives. 

The Speaker of the House of Representatives recognizes the Sergeant-at-Arms who 
announces the presence of the Associate Justices of the Supreme Court of North Caro- 
lina, the Chief Judge and the Associate Judges of the North Carolina Court of Ap- 
peals, who await his pleasure. The Speaker directs the Sergeant-at-Arms to escort 
the Members of the Courts to the Well of the House to be seated. The Senate and the 
House of Representatives sitting in Joint Session receive the Members of the Courts 
standing. 

The Speaker of the House of Representatives relinquishes the gavel to the President 
of the Senate, Lieutenant Governor James C. Gardner. 

The President recognizes the Sergeant-at-Arms of the House of Representatives 
who announces the presence of the Honorable James G. Exum, Jr., Chief Justice of 
the Supreme Court of North Carolina. The President directs the Sergeant-at-Arms of 
the House of Representatives to bring the Committees escorting the Chief Justice to the 
Well of the House. Senator Swain is recognized and presents the Chief Justice to the 
President of the Senate who presents His Honor to the General Assembly whereupon 
he delivers his address. (See Appendix.) 

The General Assembly responds to the address of the Chief Justice with a standing 
ovation. 

The President of the Senate recognizes Senator Swain and the Committees to escort 
the Chief Justice from the Hall of the House of Representatives. 

The President of the Senate recognizes the Sergeant-at-Arms of the House of Rep- 
resentatives to escort the Members of the Supreme Court of North Carolina and the 
North Carolina Court of Appeals from the Hall of the House of Representatives. 

On motion of Senator Barnes, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate stands adjourned to meet tomorrow, Thursday, 
February 9, at 1:30 P.M. 



February 8, 1989 



74 SENATE JOURNAL [Session 

EIGHTEENTH DAY 

Senate Chamber, 
Thursday, February 9, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, on this first Thursday in Lent, when millions of Thy children mark the 
moment that One set His face toward the Holy City — set it like a flint— stubborn and 
steady; let some worthy goal which our eyes once saw, loom large again on the horizon 
of our lives. 

"May this season be for us a time of turning; when we finally put behind us that 
which could never be worthy of us, and grant us a fresh gift of grace, as we seek to set 
our lives square, as the poet reminds us, with: 'Whatsoever things are true, whatso- 
ever things are honest, whatsoever things are just, whatsoever things are pure, whatso- 
ever things are lovely, whatsoever things are of good report.' Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 8, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Barker and Conder. Senator 
Royall requests to be recorded "present." 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 52, an act to appoint members of the Whiteville City Board of Education. 
(Ch. 2) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 49, a bill to eliminate the four-year ownership requirement for use- value 
forestland transferred to the owner of other use-value forestland, with a favorable re- 
port. 

On motion of Senator Tally, the bill is re-referred to the Finance Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Staton, Ballance, Hunt of Moore, Marvin, Sherron, Soles, Speed, 
Tally, Walker, and Ward: 

S.B. 137, a bill to amend the law of eminent domain regarding historic properties. 
Referred to Judiciary II Committee. 



February 9, 1989 



1989] SENATE JOURNAL 75 

By Senators Staton, Johnson of Wake, Raynor, Richardson, Sherron, Speed, Tally, 
and Winner: 

S.B. 138, a bill to enact a code of military justice for the North Carolina National 
Guard. 

Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee. 

By Senators Staton, Ballance, Hunt of Moore, Johnson of Wake, Marvin, Sherron, 
Soles, Speed, Tally, Walker, and Ward: 

S.B. 139, a bill to regulate historic districts and landmarks. 
Referred to Judiciary II Committee. 

By Senators Winner and Swain: 

S.B. 140, a bill to prohibit local alcohol beverage control boards from purchasing 
Tennessee spirituous liquor. 

Referred to Judiciary I Committee. 

By Senators Parnell, Johnson of Wake, Martin of Pitt, Hunt of Durham, Guy, and 
Smith: 

S.B. 141, a bill to amend the proof of financial responsibility requirements for ob- 
taining drivers licenses and limited driving privileges. 

Referred to Insurance Committee. 

By Senators Parnell, Johnson of Wake, Martin of Pitt, Hunt of Durham, and Guy: 
S.B. 142, a bill to amend the membership requirements for the Board of Governors 
of the North Carolina Motor Vehicle Reinsurance Facility. 
Referred to Insurance Committee. 

EXECUTIVE ORDER 

EXECUTIVE ORDER NUMBER 82, Extending Expiration Date of Executive 
Order Number 1 to January 31, 1991. 

Referred to State Government Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 52 (Committee Substitute) a bill to clarify that business brokers are not securi- 
ties dealers. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 79, a bill to require that the remains of terminated pregnancies be disposed of 
in a humane manner limited to burial, cremation, or approved hospital type of incin- 
eration. 

On motion of Senator Guy, Committee Amendment No. 1, is adopted changing the 
title to read S.B. 79, a bill to require that the remains of terminated pregnancies be 
disposed of in a manner limited to burial, cremation, or approved hospital type of 
incineration. On motion of Senator Guy, Committee Amendment No 2 is adopted. 

The bill, as amended, passes its second reading (44-0). 

Senator Taft objects to the third reading of the bill, as amended, and the bill re- 
mains on the Calendar for Monday, February 13, for further consideration upon third 
reading. 

S.B. 80, a bill to establish a long-term care Ombudsman program. 
The bill passes its second (44-0) and third readings and is ordered sent to the House 
of Representatives. 



February 9, 1989 



76 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.B. 47, a bill to extend the State Information Processing Needs and Cost Study 
Commission, with a favorable report. 

S.B. 132, a bill to remove the statutory requirement that the President Pro Tempore 
serve on the Senate Committee on Pensions and Retirement, with a favorable report. 

ADDITIONAL ENDORSEMENTS 

The following Senator requests to be recorded endorsing a bill previously introduced: 

By Senator Raynor: 

S.B. 49, a bill to eliminate the four-year ownership requirement for use- value 
forestland transferred to the owner of other use-value forestland. 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 2:20 P.M. to meet Monday, February 13, at 8:00 P.M. 



NINETEENTH DAY 

Senate Chamber, 
Monday, February 13, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable Betsy L. Cochrane, Senator form Davie County, 
as follows: 

"Heavenly Father, we are particularly grateful that You have returned us safely to 
this Body after we have been restored in body and mind by time with our families. We 
are grateful, also, for this opportunity of service. Grant us the wisdom to make good 
judgments on the matters brought before us. We ask of You for the strength to be 
people who both know and do Your will. Help us to always remember to use our 
power to help people. 

"Bless us daily, forgive us hourly, and love us every moment of our lives. In Your 
Son's blessed Name, we pray. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
February 9, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



February 13, 1989 



1989] SENATE JOURNAL 77 

By Senator Winner: 

S.R. 143, a Senate simple resolution adopting the permanent rules of the Senate for 
the 1989 Session of the General Assembly of North Carolina. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Johnson of Cabarrus: 

S.B. 144, a bill to divide District Court District 19A the same way that Superior 
Court District 19A has been divided. 
Referred to Judiciary II Committee. 

By Senator Block: 

S.B. 145, a bill to require hotels and motels to post telephone surcharges. 

Referred to Judiciary III Committee. 

By Senator Odom: 

S.B. 146, a bill to reduce the burden on taxpayers by providing for parolees, proba- 
tioners, and persons serving community service sentences to fund the Crime Victims 
Compensation Fund directly, to increase available funds by raising the probation and 
parole supervision fee and the community service fee, and to make other changes to 
the Fund to make it as self-sufficient as possible. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Odom: 

S.B. 147, a bill to limit claims to victim and persons who helped him, to allow the 
North Carolina Crime Victim's Compensation Commission and its Director authority 
to adequately investigate a claim for compensation by requiring a victim or claimant to 
provide necessary medical and psychological information, to require law enforcement 
to cooperate with the Commission, to allow the Commission to keep medical, law 
enforcement and juvenile records confidential, to make a technical correction to the 
Rules of Evidence in a contested case hearing, to allow the Director to negotiate with 
service providers for a reduced rate, and to provide for the Director to pursue restitu- 
tion from convicted criminals. 

Referred to Judiciary I Committee. 

By Senators Shaw and Chalk: 

S.B. 148, a bill to repeal the sunset of the Guilford occupancy tax and to modify 
provisions regarding use of the proceeds of the tax. 
Referred to Finance Committee. 

By Senators Allran and Bryan: 

S.B. 149, a bill to provide that the Community of Rock Barn in Catawba County 
may be annexed involuntarily only as a whole. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Richardson, Raynor, Hunt of Moore, Speed, Block, Hunt of Durham, 
and Tally: 

S.B. 150, a bill to appropriate funds for the State Adult Protective Services Pro- 
gram. 

Referred to Appropriations Committee. 

By Senators Tally, Basnight, Hunt of Moore, Johnson of Wake, Marvin, Sherron, 
Taft, and Winner: 

S.B. 151, a bill to repeal the expiration date for the Recreation and Natural Heri- 
tage Trust Program. 

Referred to Environment and Natural Resources Committee. 



February 13, 1989 



78 SENATE JOURNAL [Session 

By Senators Sands and Goldston: 

S.B. 152, a bill to allow city managers to serve on county boards of education in 
counties with small populations. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 153, a bill to change the Piedmont Triad Farmers Market to the Piedmont 
Agricultural Marketing and Processing Center. 
Referred to Agriculture Committee. 

By Senators Tally and Ray nor: 

S.J.R. 154, a joint resolution providing that the 1989 General Assembly shall meet 
in the City of Fayetteville in honor of the Two Hundredth Anniversary of the ratifica- 
tion by North Carolina of the United States Constitution. 

Referred to Rules and Operation of the Senate Committee. 

Senator Murphy moves that Rule 40 be suspended to allow the introduction and 
referral to committee of the following bill which motion prevails by a two-thirds major- 
ity vote. 

By Senator Murphy: 

S.B. 156, a bill to change the procedures for election of the Board of Governors of 
the University of North Carolina. 

Referred to Higher Education Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

S.B. 38 (Committee Substitute), a bill to make an emergency appropriation for 
correctional programs and projects, for concurrence in House Amendments No. 1 and 
No. 2, which is placed on the Calendar for tomorrow, February 14. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 47, a bill to extend the State Information Processing Needs and Cost Study 
Commission. 

The bill passes its second (47-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 132, a bill to remove the statutory requirement that the President Pro Tempore 
serve on the Senate Committee on Pensions and Retirement. 

The bill passes its second (46-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 79, a bill to require that the remains of terminated pregnancies be disposed of 
in a humane manner limited to burial, cremation, or approved hospital type of incin- 
eration, as amended, upon third reading. 

Senator Taft offers Amendment No. 3. 

On motion of Senator Sands, further consideration of the bill, as amended, with 
Amendment No. 3 pending, is postponed until tomorrow, February 14. 



February 13, 1989 



1989] SENATE JOURNAL 79 

The President recognizes the following pages serving in the Senate this week: 

Diana Austin, Hazel wood; Derek Baird, Raleigh; Birch Barnes, Newton Grove; 
Amy Benton, Swansboro; Kelli D. Black, Zebulon; Jennifer Cannon, Pelham; 
Merilee Chesney, Thomasville; John Cranford, Thomasville; Elizabeth Annette 
Crocker, Selma; Graham Barber Culp, High Point; Elizabeth Nicole Davis, Hamlet; 
Miriam Ashleigh Davis, Hamlet; Connie Lynn Dennis, Polkton; Kathryn Suzanne 
Evans, Asheboro; James Scott Furr, Asheboro; David Gray, Roseboro; Bryan 
Honeycutt, Burlington; Leigh Humphries, Morehead City; Julius Johnston, Yan- 
cey ville; William Bruce Laney, High Point; Josh Lanning, Charlotte; Jeffrey Scott 
Long, Selma; Valerie McLaughlin, Pelham; Michael Nance, Fort Bragg; Arthur 
Nichols, Yanceyville; Kacey Reynolds, Wake Forest; Shawn Rudd, Burlington; Kelly 
Stancil, Wilson; Brian White, Graham; and Kathy Michelle Williford, Fayetteville. 

On motion of Senator Barnes, seconded by Senator Plyler, the Senate adjourns at 
8:31 P.M. to meet tomorrow, February 14, at 1:30 P.M. 



TWENTIETH DAY 

Senate Chamber, 

Tuesday, February 14, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, on this day of love and learning, we praise Thee for being the God 
from Whom every family in heaven and earth is named; especially are we grateful for 
those with whom our lives are linked in bonds of affection. 

"And we also thank Thee for those from whose well-furnished minds have flowed to 
us the rich resources of our heritage; and from whose mouths we have sometimes 
heard coming forth words with wings. 

"Particularly are we grateful for the one about whom it can honestly be said: 'If love 
and truth and beauty are the breads of life, he or she, let none hunger.' Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 13, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Bryan for today. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 99, a bill regulating the zoning of family care homes in Winston-Salem, with 
a favorable report. 



February 14, 1989 



80 SENATE JOURNAL [Session 

S.B. 114, a bill to provide that a county landfill that is a public enterprise has 
conditional authority to charge a municipality located in that county a solid waste dis- 
posal fee, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

By Senator Murphy for the Higher Education Committee: 

S.B. 88, a bill to amend Chapter 899 of the 1985 Session Laws (Regular Session, 
1986) to provide changes only with respect to a wholly self-liquidating project, with a 
favorable report. 

On motion of Senator Murphy, the bill is re-referred to the Finance Committee. 

S.B. 156, a bill to change the procedures for election of the Board of Governors of 
the University of North Carolina, with a favorable report. 

On motion of Senator Murphy, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration (40-0) . 

The bill, passes its second (42-0) and third readings and is ordered without objec- 
tion, sent to the House of Representatives by special messenger. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Taft and Tally: 

S.B. 155, a bill to require the Environmental Management Commission to reclas- 
sify certain coastal surface waters of the State as outstanding resource waters. 
Referred to Marine Resources and Wildlife Committee. 

By Senator Basnight: 

S.B. 157, a bill to amend the Uniform Relocation Assistance Act in order to con- 
form to amendments in the Federal Act. 

Referred to State Government Committee. 

By Senators Basnight, Walker, Carpenter, Hardin, and Cochrane: 
S.B. 158, a bill to appropriate funds to the Department of Human Resources, Divi- 
sion of Health Services to support the Central Cancer Registry. 
Referred to Appropriations Committee. 

By Senators Marvin, Allran, Guy, Harris, Hunt of Moore, Johnson of Cabarrus, 
Martin of Guilford, Richardson, Sands, Staton, Swain, Tally, and Ward: 

S.B. 159, a bill to appropriate funds to establish and evaluate pilot projects to im- 
prove Title IV-D child support service of process. 

Referred to Children and Youth Committee and upon a favorable report to 
Appropriations Committee. 

By Senators Basnight and Taft: 

S.B. 160, a bill to appropriate funds to the Department of Natural Resources and 
Community Development to expand the Agriculture Cost Share Program for Nonpoint 
Source Pollution Control. 

Referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 161, a bill to allow the Dare County Board of Education to enter into single 
prime contractor contracts. 

Referred to Education Committee. 



February 14, 1989 



1989] SENATE JOURNAL 81 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 94, a bill to allow the Charlotte City Council to delegate to the City Manager 
the authority to set classification and pay plans and fringe benefits. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 114, a bill to authorize the City of Burlington to convey a tract of land to the 
Salvation Army at private sale. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 121, a bill to amend the Charter of the City of Charlotte with respect to the 
execution of contracts. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 122, a bill to raise the threshold above which Mecklenburg County must seek 
formal bids for purchase of apparatus, supplies, materials, or equipment. 
Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 79, a bill to require that the remains of terminated pregnancies be disposed of 
in a humane manner limited to burial, cremation, or approved hospital type of incin- 
eration, as amended, upon third reading, with Amendment No. 3 pending. 

Senator Taft offers a motion that the bill, as amended, with Amendment No. 3 
pending, be recommitted to the Human Resources Committee, which motion 
prevails (31-15). 

S.B. 38, a bill to make an emergency appropriation for correctional programs and 
projects, for concurrence in House Amendments No. 1 and No. 2. 

Senator Royall offers a motion that the Senate do not concur in House Amendments 
No. 1 and No. 2 and further moves that the President Pro Tempore appoint conferees. 

Senator Johnson of Wake rises to a point of order as to the restrictions of the confer- 
ees to the consideration of House Amendments No. 1 and No. 2 only. 

Citing Rule 57, the Chair rules that conferees in considering matters in difference 
between the Senate and House, only such matters as are in difference between the two 
houses shall be considered by the conferees. 

Senator Barker offers a substitute motion that the Senate concur in House Amend- 
ment No. 1, which motion he subsequently withdraws. 

The motion offered by Senator Royall that the Senate do not concur prevails, and 
the Senate fails to concur in House Amendments No. 1 and No. 2 (2-44). The 
President Pro Tempore appoints Senators Royall, Parnell, Swain, Marvin, Johnson of 
Cabarrus, and Richardson as conferees on the part of the Senate to resolve the differ- 
ences arising between the two Bodies, and a message is ordered sent to the House of 
Representatives informing that Honorable Body of such action and requesting confer- 
ees. 

On motion of Senator Barnes, seconded by Senator Taft, the Senate adjourns at 
2:05 P.M. to meet tomorrow, February 15, at 1:30 P.M. 



February 14, 1989 



82 SENATE JOURNAL [Session 

TWENTY-FIRST DAY 

Senate Chamber, 

Wednesday, February 15, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, on this mid-February day, with this mid- June weather, we need to 
confess before Thy face, that sometimes our minds are darkened, our wills weak, our 
hearts fickled, and even sometimes our steps have been known to falter. 

"In Thy mercy, O God of Grace, keep each one of us as Thy very own as You 
enlighten our minds with the fresh meat of truth, and strengthen our wills with a steel- 
like conviction, and fill our hearts with such a passionate love of Thee and a proper 
love of other persons that our steps may never falter, but leave behind them only good 
footprints, and that we may never need to be ashamed. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 14, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Simpson for today. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Winner, Walker, Smith, Barnes, Cobb, Allran, and Rauch: 
S.B. 162, a bill to expand the jurisdiction of the Legislative Ethics Committee. 
Referred to Rules and Operation of the Senate Committee. 

By Senators Ward, Basnight, Block, Bryan, Chalk, Cochrane, Conder, Daniel, 
Guy, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of 
Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Royall, Sands, Sherron, Speed, 
Swain, Taft, Tally, Walker, and Winner: 

S.B. 163, a bill to establish new salary schedules for public school teachers and 
administrators. 

Referred to Education Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Hunt of Moore, Allran, Ballance, Barker, Basnight, Block, Bryan, 
Carpenter, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, 
Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, 
Walker, Ward, and Winner: 

S.B. 164, a bill to appropriate funds for the North Carolina Elderly and Handi- 
capped Transportation Assistance Program. 

Referred to Appropriations Committee. 

By Senator Johnson of Cabarrus: 

S.B. 165, a bill to provide for the removal of elected officials after conviction of 
certain offenses. 

Referred to State Government Committee. 



February 15, 1989 



1989] SENATE JOURNAL 83 

By Senators Harris and Rauch: 

S.B. 166, a bill to appropriate funds to renovate two cottages at the Western Caro- 
lina Center. 

Referred to Appropriations Committee. 

By Senators Harris and Rauch: 

S.B. 167, a bill to appropriate funds to replace the air conditioning cooling towers 
at the Western Carolina Center. 

Referred to Appropriations Committee. 

By Senators Harris and Rauch: 

S.B. 168, a bill to appropriate funds to help provide roofing for an outdoor recrea- 
tion center at the Western Carolina Center. 
Referred to Appropriations Committee. 

By Senators Harris and Rauch: 

S.B. 169, a bill to appropriate funds for an addition to the wheelchair shop at the 
Western Carolina Center. 

Referred to Appropriations Committee. 

By Senator Staton: 

S.B. 170, a bill to provide a definition of machine gun and submachine gun. 

Referred to Judiciary II Committee. 

By Senator Block: 

S.B. 171, a bill to appropriate funds to the New Hanover County Museum Founda- 
tion for Museum expansion. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 172, a bill to appropriate funds to the Domestic Violence Shelter and Services 
of the Cape Fear area. 

Referred to Appropriations Committee. 

By Senators Martin of Pitt and Rauch: 

S. J.R. 173, a joint resolution repealing a joint resolution calling for a federal con- 
stitutional convention to propose a balanced budget amendment. 
Referred to Judiciary II Committee. 

By Senators Walker, Ballance, Barker, Basnight, Block, Carpenter, Chalk, 
Cochrane, Daniel, Daughtry, Ezzell, Guy, Hardin, Hunt of Moore, Johnson of 
Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Richardson, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, 
Taft, Tally, Ward, and Winner: 

S.B. 174, a bill to create a State income tax credit for preserving or restoring his- 
toric properties. 

Referred to Finance Committee. 

By Senators Raynor, Tally, Soles, and Ballance: 

S.B. 175, a bill to provide a grace period before the one hundred dollar penalty for 
failure to list a motor vehicle is due and to allow counties to compromise the penalty. 
Referred to Finance Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



February 15, 1989 



84 SENATE JOURNAL [Session 

H.B. 41 (Committee Substitute), a bill to require public notice when a significant 
modification is proposed to a major CAMA permit application or to a previously is- 
sued major CAMA permit. 

Referred to Environment and Natural Resources Committee. 

H.B. 108, a bill to amend the Charter of the City of Charlotte relating to the 
authority of the City Manager to award and execute certain contracts. 
Referred to Local Government and Regional Affairs Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 99, a bill regulating the zoning of family care homes in Winston-Salem. 
On motion of Senator Sands, the bill is re-referred to the Human Resources 
Committee. 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 1:44 P.M. to meet tomorrow, February 16, at 1:30 P.M. 



TWENTY-SECOND DAY 

Senate Chamber, 

Thursday, February 16, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, as we draw near to the close of another legislative week, we ask Your 
blessing upon our labors here in this Senate: that which is right, confirm and 
strengthen it for the good of the people whom we serve, as you overrule any errors we 
may have made. 

"Grant to each of us Thy journeying mercies upon our homeward way. May the 
weekend before us, be a time of worship, rest, and recreation, so that as we gather 
back here on Monday, we may be refreshed in body, mind, and spirit. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 15, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to the members of the Appropriations- 
Justice and Public Safety Committee: Senators Marvin, Ballance, Bryan, 
Odom, Sands, and Cobb who are touring the North Carolina Justice Academy in 
Salemburg and the Prison Unit in Rocky Mount; and to Senator Taft who is ill. 

Senator Royall is recorded present. 

The Chair grants courtesies of the gallery to James H. Carson, Jr. , former member 
of the House of Representatives from Mecklenburg County and former Attorney Gen- 
eral of North Carolina. 



February 16, 1989 



1989] SENATE JOURNAL 85 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Swain for the Judiciary I Committee: 

S.B. 127, a bill establishing pretrial release service fees, with a favorable report as 
amended. 

On motion of Senator Swain, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Com- 
mittee. 

By Senator Sherron for the State Government Committee: 

S.B. 61, a bill to amend the statement of cost of public documents, with a favor- 
able report. 

S.B. 14, a bill to implement the recommendations of the Attorney General's Staff 
Study conducted by the Legislative Research Commission with respect to an appropri- 
ate fund to pay for outside counsel hired by the Governor, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the Committee Substitute bill is placed before the 
Senate for immediate consideration and on his further motion the Committee Substi- 
tute bill is adopted (35-0). 

On motion of Senator Sherron, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Goldston, Ezzell, Hunt of Durham and Plyler: 

S.B. 176, a bill to transfer regulation of boilers and inspection of elevators, amuse- 
ment devices and passenger tramways from the Department of Labor to the Building 
Code Council of the Department of Insurance. 

Referred to State Government Committee. 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 177, a bill to extend the energy policy for State agencies concerning construc- 
tion of buildings or renovation of major buildings to community college facilities. 
Referred to Higher Education Committee. 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 178, a bill to appropriate funds for the State property office for staff to conduct 
an inventory of State owned real property. 
Referred to Appropriations Committee. 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 179, a bill to correct the Statutes requiring that certain buildings involving 
public funds be designed by an architect or engineer. 
Referred to State Government Committee. 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 180, a bill to provide for the adjustment and resolution of construction con- 
tract claims for community college construction. 
Referred to Higher Education Committee. 



February 16, 1989 



86 SENATE JOURNAL [Session 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 181, a bill to appropriate funds for the State construction office for staff to 
implement the Facility Condition Evaluation and Maintenance Planning Program. 
Referred to Appropriations Committee. 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 182, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion. 

Referred to Higher Education Committee and upon a favorable report re- 
referred to State Government Committee. 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 183, a bill to transfer the authority to regulate the entry of LP gas service 
piping into a building from the Department of Agriculture to the North Carolina Build- 
ing Code Council. 

Referred to State Government Committee. 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 184, a bill to make evaluation by the State Building Commission of prior State 
work a factor affecting the award of contracts for State capital projects. 
Referred to State Government Committee. 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 185, a bill to establish a Commission to study the State construction process. 
Referred to Rules and Operations of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 186, a bill to authorize the State Building Commission to adopt rules regarding 
the qualifications and experience of consultants selected for capital improvement pro- 
jects, and to clarify the requirement that a designer for projects be selected within 60 
days. 

Referred to State Government Committee. 

By Senators Goldston, Ezzell, Hunt of Durham, and Plyler: 

S.B. 187, a bill to require that the State Department of Administration receive no- 
tices of local planning actions as to any territory covered by the Capital Planning Com- 
mission. 

Referred to State Government Committee. 

By Senators Tally, Ballance, Barnes Basnight, Block, Guy, Martin of Pitt, Parnell, 
Raynor, Richardson, Soles, and Taft: 

S.B. 188, a bill to appropriate funds to increase the staff /patient level at Cherry 
Hospital and to provide community-based alternative services for the severely mentally 
ill. 

Referred to Appropriations Committee. 

By Senators Swain, Ballance, Barker, Basnight, Block, Conder, Daniel, Ezzell, 
Goldston, Guy, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Martin 
of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Rauch, Raynor, 
Richardson, Sands, Sherron, Soles, Speed, Staton, Tally, Walker, Ward, and Win- 
ner: 

S.B. 189, a bill to appropriate funds for the construction of the two veterans ceme- 
teries to be established in the Third and Eleventh United States Congressional Districts 
and to allow any unexpended funds to go toward the costs of the third veterans ceme- 
teries. 

Referred to Appropriations Committee. 



February 16, 1989 



1989] SENATE JOURNAL 87 

By Senators Hunt of Moore, Allran, Barker, Basnight, Block, Carpenter, Chalk, 
Conder, Daniel, Ezzell, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, 
Johnson of Wake, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, 
Plyler, Raynor, Richardson, Sands, Smith, Soles, Speed, Staton, Swain, Taft, Tally, 
Walker, Ward, and Winner: 

S.B. 190, a bill to appropriate funds for the North Carolina Senior Games Pro- 
gram. 

Referred to Appropriations Committee. 

By Senator Murphy: 

S.R. 191, a Senate simple resolution to establish the procedure for nominating and 
electing members of the Board of Governors of the University of North Carolina. 
Referred to Higher Education Committee. 

By Senator Parnell: 

S.B. 192, a bill to allow the City of Lumberton to regulate the abandonment of 
junked motor vehicles. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Parnell: 

S.B. 193, a bill to exempt the Town of Fairmont from certain zoning notice require- 
ments. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Winner: 

S.B. 194, a bill to provide that present and anticipated income from all sources 
shall be considered in determining whether a spouse is dependent. 
Referred to Judiciary II Committee. 

By Senators Taft, Basnight, Conder, Harris, Hunt of Moore, Johnson of Wake, 
Martin of Guilford, Marvin, Plyler, Rauch, Sands, Sherron, Soles, Speed, and 
Staton: 

S.B. 195, a bill to appropriate funds from the General Fund and the Highway Fund 
for a pay increase for all permanent State employees other than public school employ- 
ees. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 



EXECUTIVE ORDERS 

Executive Orders received in the Office of the Principal Clerk are presented to the 
Senate, read, and disposed of, as followed: 

Executive Order Number 83, Office of State Printing. 
Referred to State Government Committee. 

Executive Order Number 84, Amendment to Executive Order Number 79 
North Carolina Small Business Council. 

Referred to Small Business Committee. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 1:49 P.M. to meet Monday, February 20, at 8:00 P.M. 



February 16, 1989 



88 SENATE JOURNAL [Session 

TWENTY-THIRD DAY 

Senate Chamber, 
Monday, February 20, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O Thou, Who Art the One God and Father of us all, and Whose grace has brought 
us again safely to this Hall of Honor, we thank Thee for our colleagues here assem- 
bled whose friendships we cherish, and whose faces make our hearts glad. 

As we set our hands, once more, to the task of writing the laws of this State, accept 
our gratitude for that Divine Hand, which has already written Thy law on tablets of 
our hearts. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of, Thursday, 
February 16, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senators Taft and Rauch who 
are ill and to Senator Johnson of Cabarrus whose attendance is required in court. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 93, a bill to allow Transylvania County to convey to Transylvania Vocational 
Services Foundation, Inc. certain real estate at private sale, with a favorable report, 
as amended. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 27, a bill to repeal those portions of the General Statutes that limit the State to 
the adoption of environmental regulations regarding water quality, air quality, or haz- 
ardous waste that are no more strict than federal environment regulations with an un- 
favorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read, S.B. 27 (Committee Substitute), a bill to repeal 
those portions of the General Statutes which require that environmental rules be no 
more restrictive than comparable federal regulations, to require that an assessment 
report be prepared as to the benefits and burdens likely to result from environmental 
rule-making, and to require that the benefits of environmental rule-making exceed the 
burdens, is placed before the Senate for immediate consideration. 

On motion of Senator Tally, the Committee Substitute bill, is adopted, and on her 
further motion is placed on the Calendar for Wednesday, February 22. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



February 20, 1989 



1989] SENATE JOURNAL 89 

By Senator Hunt of Durham: 

S.B. 196, a bill to provide an income tax credit for property taxes paid on leased 
nonbusiness personal property. 

Referred to Small Business Committee and upon a favorable report re-referred 
to Finance Committee. 

By Senator Hunt of Durham: 

S.B. 197, a bill to require food service workers who handle unwrapped food to wear 
gloves or use a utensil when handling unwrapped food. 

Referred to Small Business Committee and upon a favorable report re-referred 
to Human Resources Committee. 

By Senators Marvin, Rauch, and Harris: 

S.B. 198, a bill to appropriate funds for archaeological programs of the Schiele 
Museum of Natural History in Gastonia. 
Referred to Appropriations Committee. 

By Senators Marvin, Ballance, Harris, Hunt of Moore, Johnson of Wake, Martin 
of Pitt, Martin of Guilford, Parnell, Rauch, Swain, Tally, Walker, Ward, and Win- 
ner: 

S.B. 199, a bill to authorize cities to enter into agreements concerning annexations. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Guy: 

S.B. 200, a bill to incorporate the Town of Sneads Ferry. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Staton, Johnson of Wake, and Sherron: 

S.B. 201, a bill to permit the sale of property by the City of Sanford pursuant to the 
negotiated offer and upset bid procedure subject to specified restrictions on the use of 
the property sold. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Plyler, Winner, and Rauch: 

S.B. 202, a bill to create the Local Government Finance Study Commission. 
Referred to Rules and Operations of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Plyler, Winner, and Rauch: 

S.B. 203, a bill to repeal obsolete corporate franchise tax exemptions. 
Referred to Public Utilities Committee and upon a favorable report re-referred 
to Finance Committee. 

By Senator Plyler: 

S.B. 204, a bill to clarify that a person requesting from the business license infor- 
mation office a written list of State licenses relating to a specific business activity may 
not be penalized for failure to obtain a license which was not included in the list. 

Referred to State Government Committee. 

By Senators Rauch, Plyler, Winner, Smith, Carpenter, and Hardin: 

S.B. 205, a bill to repeal the tax on intangible personal property, to reimburse 

counties and cities for the resulting revenue loss, and to increase income taxes to pay 

for the reimbursement. 

Referred to Finance Committee. 

By Senators Plyler and Conder: 

S.B. 206, a bill to change the jurisdiction of the Monroe ABC Law Enforcement 
officer. 

Referred to Alcoholic Beverage Control Committee. 



February 20, 1989 



90 SENATE JOURNAL [Session 

By Senators Plyler, Winner, and Rauch: 

S.B. 207, a bill to repeal certain unused corporate income tax credits. 

Referred to Finance Committee. 

By Senators Plyler, Winner, and Rauch: 

S.B. 208, a bill to increase the income tax credit for child care and certain employ- 
ment-related expenses. 

Referred to Finance Committee. 

By Senators Rauch, Winner, Plyler, Ezzell, and Raynor: 

S.B. 209, a bill to allow an income tax credit for individuals with low or moderate 
incomes to offset the sales tax on food. 
Referred to Finance Committee. 

By Senators Rauch, Plyler, Winner, Ezzell, Carpenter, Hardin, and Smith: 
S.B. 210, a bill to create a tax amnesty program, modify penalties for willful viola- 
tion of the revenue laws, and appropriate funds to the Department of Revenue for 
enhanced enforcement capabilities and greater taxpayer compliance. 

Referred to Judiciary II Committee and upon a favorable report re-referred to 
Finance Committee and upon a favorable report re-referred to Appropriations 
Committee. 

By Senators Rauch, Winner, Plyler, Ezzell, Raynor, and Cochrane: 
S.B. 211, a bill to allow an income tax credit to a household when one spouse 
provides full-time care for a parent who would otherwise be in a nursing home. 
Referred to Finance Committee. 

By Senators Rauch, Cochrane, and Raynor: 

S.B. 212, a bill to exempt from income tax scholarship funds for travel and related 
expenses for internships that are part of the scholarship program of the educational 
institution and that require the recipient to live away from the educational institution. 

Referred to Finance Committee. 

Senator Murphy moves that Rule 40 be suspended to allow the introduction and 
referral to committee of the following resolution, which motion prevails by a two- 
thirds majority vote. 

By Senator Murphy: 

S.R. 215, a Senate simpie resolution to establish the procedure for nominating and 
electing members of the Board of Governors of the University of North Carolina. 
Referred to Higher Education Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 107 (Committee Substitute), a bill to provide for specialized plates for recipi- 
ents of the Purple Heart Award. 

Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee and upon a favorable report is re-referred to the Finance Committee. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 



February 20, 1989 



1989] SENATE JOURNAL 91 

By Senator Ballance for the Alcoholic Beverage Control Committee: 

S.B. 136, a bill authorizing the qualified voters of the Village of Sugar Mountain to 
determine whether mixed beverages may be sold in that Village, with a favorable re- 
port. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 61, a bill to amend the statement of cost of public documents. 
The bill passes its second reading (46-0) . 

Senator Kaplan objects to the third reading of the bill. The bill remains on the 
Calendar for tomorrow for further consideration upon third reading. 

The President recognizes the following pages serving in the Senate this week: 

Andrea Bryan Bridger, Raleigh; Penny Denise Carter, Hillsborough; Sara Elizabeth 
Gaffney, Kings Mountain; Michele Ruth Griffin, Marshville; Roger Kirkman, 
Asheville; Susan Denise Medlin, Monroe; Kindal McDevitt, Asheville; Chandra 
Mimms, Greensboro; Donald Kirkman Phillips, Manteo; David Stuart, Burlington; 
Patrick Tarry, Burlington; Toma Thomas, Louisburg; Jan Abels Venema, Richlands; 
Elizabeth Lane Wilkie, Greensboro; Brian Scott Wilson, Eden; Michael Graham 
Workman, Burlington; and Susan Young, Raleigh. 

On motion of Senator Barnes, seconded by Senator Richardson, the Senate ad- 
journs at 8:30 P.M. to meet tomorrow, February 21, at 1:30 P.M. 



TWENTY-FOURTH DAY 

Senate Chamber, 

Tuesday, February 21, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O Gracious God, Who art always more ready to hear than we are to pray, and 
Who art eager to give more than either we desire or deserve. On this rainy day, grant 
us grace to ask for Thy Spirit of wisdom which can save us from false choices, and can 
teach us not to take hold of a tiger's tail, just because it promises to pull us from the 
flood. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 20, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Rauch who is ill and to 
Senator Johnson of Cabarrus whose attendance is required in court. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 



February 21, 1989 



92 SENATE JOURNAL [Session 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 84, a bill to index the amount of the property tax homestead exemption and 
the amount of the income threshold for eligibility for the exemption, with a favorable 
report. 

On motion of Senator Johnson of Wake, the bill is re-referred to the Finance 
Committee. 

S.B. 145, a bill to require hotels and motels to post telephone surcharges, with a 
favorable report. 

By Senator Raynor for the Veterans Affairs, Law Enforcement, and Senior 
Citizens Committee: 

S.B. 54, a bill to permit elderly individuals to defer payment of property tax in- 
creases on their residence until the property is transferred, with a favorable report, as 
amended. 

On motion of Senator Raynor, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Com- 
mittee. 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 149, a bill to provide that the Community of Rock Barn in Catawba County 
may be annexed involuntarily only as a whole, with a favorable report. 

S.B. 90, a bill to allow the City of Charlotte to exercise the power of eminent do- 
main under certain conditions to provide housing for low-and moderate-income per- 
sons, with a favorable report, as amended. 

S.B. 152, a bill to allow city managers to serve on county boards of education in 
counties with small populations, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted and placed on the Calendar for tomorrow, 
February 22. 

By Senator Murphy for the Higher Education Committee: 

S.R. 215, a Senate simple resolution to establish the procedure for nominating and 
electing members of the Board of Governors of the University of North Carolina, with 
a favorable report as to adoption. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Barker, Martin of Pitt, and Daniel: 

S.B. 213, a bill to make various changes in the laws relating to training and con- 
tinuing education for sanitarians, local health board membership, review and appeal 
procedures for improvement permit applications, and permitting of on-site sewage sys- 
tems. 

Referred to Environment and Natural Resources Committee. 

By Senator Murphy: 

S.B. 214, a bill to exempt the Town of Warsaw from certain zoning notice require- 
ments. 

Referred to Local Government and Regional Affairs Committee. 



February 21, 1989 



1989] SENATE JOURNAL 93 

By Senator Bryan: 

S.B. 216, a bill to allow public contracts to be bid in the alternative as multi-prime 
or single prime contractor contracts. 

Referred to State Government Committee. 

By Senator Winner: 

S.J.R. 217, a joint resolution providing that the Speaker of the House of Represen- 
tatives and the President Pro Tempore of the Senate may, during the 1989 Regular 
Session, provide for joint sessions of both houses to act on confirmation of nominees 
or appointments. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Winner, Bryan, and Daniel: 

S.B. 218, a bill to amend the North Carolina Constitution to provide for appoint- 
ment of justices and judges by the Governor, with the advice and consent of the Gen- 
eral Assembly, and to authorize the General Assembly to provide for a procedure to 
determine if judges so appointed should be retained in office. 

Referred to Constitution Committee. 

By Senators Winner, Bryan, and Daniel: 

S.B. 219, a bill to provide for appointment of judges by the Governor subject to the 
advice and consent of the General Assembly, to provide for the reconfirmation of sit- 
ting judges by the General Assembly and to provide for transitional and other provi- 
sions necessary to move from an elective to an appointive system. 

Referred to Constitution Committee. 

By Senator Guy: 

S.J.R. 220, a joint resolution providing for a joint session or sessions of the House 
of Representatives and the Senate to act on confirmation of the appointments made by 
the Governor to membership on the North Carolina Utilities Commission and to the 
position of Executive Director of the Public Staff and providing for review of the Gov- 
ernor's appointments by the House Committee on Infrastructure and the Senate Com- 
mittee on Commerce. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Sands and Bryan: 

S.B. 221, a bill to provide that it is unlawful to give or change a student's grade in 
exchange for an item of value or money. 
Referred to Judiciary II Committee. 

By Senators Harris, Raynor, and Smith: 

S.B. 222, a bill further continuing the Mental Health Study Commission. 
Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senator Harris: 

S.B. 223, a bill to increase the period for registering births and fetal deaths. 

Referred to Human Resources Committee. 



By Senators Cochrane and Smith: 

S.B. 224, a bill to allow Davidson County to establish voting precincts without re- 
gard to township boundaries. 

Referred to Election Laws Committee. 

By Senators Walker, Allran, Ballance, Barker, Block, Bryan, Carpenter, 
Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, Hunt 
of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin 
of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 



February 21, 1989 



94 SENATE JOURNAL [Session 

Richardson, Sands, Sherron, Simpson, Smith, Soles, Speed, Swain, Tally, Ward, 
and Winner: 

S.B. 225, a bill to provide Medicaid coverage for pregnant women and for children, 
to expand the Rural Obstetrical Incentive Program, and to increase physician reim- 
bursement for maternity care. 

Referred to Appropriations Committee. 

By Senators Winner, Allran, Ballance, Barker, Block, Bryan, Cobb, Daniel, 
Daughtry, Ezzell, Johnson of Cabarrus, Johnson of Wake, Martin of Guilford, Odom, 
Sands, Simpson, Soles, Staton, Swain, and Taft: 

S.B. 226, a bill to expand the number of superior court judicial divisions, so as to 
reduce travel while maintaining rotation. 

Referred to Judiciary II Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 53, a bill to provide for the North Carolina Teacher of the Year to serve as an 
advisory member to the State Board of Education. 
Referred to Education Committee. 

H.B. 58, a bill to make conforming changes to the motor carrier fuel use tax so 
that a uniform tax reporting form may be adopted. 
Referred to Finance Committee. 

H.B. 129, a bill expanding the Siler City Board of Commissioners and changing the 
method by which the Board is elected. 

Referred to Election Laws Committee. 

H.B. 145, a bill to allow Transylvania County to convey to Transylvania Voca- 
tional Services Foundation, Inc., certain real estate at private sale. 

On motion of Senator Sands, the bill is placed on the Calendar for today. 

H.B. 151, a bill to prohibit the intentional sweeping of a deer area with lights or the 
intentional shining of lights on deer in Richmond County. 

Referred to Marine Resources and Wildlife Committee. 

S.B. 16, a bill to allow Union County to regulate the abandonment of junked motor 
vehicles, for concurrence in House Amendment No. 1, which changes the title upon 
concurrence. The bill is placed on the Calendar for tomorrow, February 22. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 93, a bill to allow Transylvania County to convey to Transylvania Vocational 
Services Foundation, Inc. certain real estate at private sale. 

Without objection, on motion of Senator Sands, the bill is temporarily displaced. 

S.B. 136, a bill authorizing the qualified voters of the Village of Sugar Mountain to 
determine whether mixed beverages may be sold in that Village. 

The bill passes its second (43-0) and third readings and is ordered sent to the House 
of Representatives. 

H.B. 145, a bill to allow Transylvania County to convey to Transylvania Voca- 
tional Services Foundation, Inc., certain real estate at private sale. 
Senator Carpenter offers Amendment No. 1 which is adopted (47-0). 



February 21, 1989 



1989] SENATE JOURNAL 95 

The bill, as amended, passes its second (47-0) and third readings and is ordered 
sent to the House of Representatives for concurrence in Senate Amendment No. 1. 

S.B. 61, a bill to amend the statement of cost of public documents, upon third 
reading. 

The bill passes its third reading (48-0) and is ordered sent to the House of Repre- 
sentatives. 

S.B. 93, a bill to allow Transylvania County to convey to Transylvania Vocational 
Services Foundation, Inc. certain real estate at private sale, temporarily displaced ear- 
lier. 

On motion of Senator Sands, further consideration of the bill is postponed until 
Tuesday, February 28. 

On motion of Senator Barnes, seconded by Senator Sherron, the Senate adjourns at 
2:09 P.M. to meet tomorrow, February 22, at 1:30 P.M. 



TWENTY-FIFTH DAY 

Senate Chamber, 

Wednesday, February 22, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Blessed be Thou, most gracious God, that Thou hast sent us forth in health and 
vigor to the duties and doings of another day. 

"In Thy mercy, O Lord, let Thy Spirit attend us keeping the edges of our minds 
keen, the passions of our hearts pure, and the words of our mouths truthful and tem- 
perate. And, above all, making us honorable and generous in our dealings with oth- 
ers, treating each as we would be treated. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 21, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harris for the Human Resources Committee: 

S.B. 223, a bill to increase the period for registering births and fetal deaths, with a 
favorable report. 

S.B. 79, a bill to require that the remains of terminated pregnancies be disposed of 
in a humane manner limited to burial, cremation, or approved hospital type of incin- 
eration, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Harris, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 



February 22, 1989 



96 SENATE JOURNAL [Session 

motion the Committee Substitute bill is adopted and placed on the Calendar for tomor- 
row, February 23. 

By Senator Ezzell for the Constitution Committee: 

S.B. 95, a bill to amend the Constitution of North Carolina to provide for four-year 
terms for members of the General Assembly, and to make conforming changes to 
other statutes, with a favorable report. 

S.B. 3, a bill to provide for a gubernatorial veto, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill. 

On motion of Senator Ezzell, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted and placed on the Calendar for Tuesday, 
February 28. 

By Senator Soles for the Judiciary II Committee: 

S.B. 7, a bill to divide District Court District 6 the same way as Superior Court 
District 6 has been divided, and add a new judge in District Court District 6B, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill which changes the title to read, S.B. 7, (Committee Substitute), a bill to divide 
District Court District 6 and Prosecutorial District 6 the same way as Superior Court 
District 6 has been divided, add a new judge in District Court District 6B, and add a 
new District Attorney in Prosecutorial District 6A, is placed before the Senate for im- 
mediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Appropriations Committee. 

By Senator Staton, Vice Chairman, for Senator Rauch, for the Finance Commit- 
tee. 

S.B. 88, a bill to amend Chapter 899 of the 1985 Session Laws (Regular Session, 
1986) to provide changes only with respect to a wholly self-liquidating project, with a 
favorable report. 

S.B. 148, a bill to repeal the sunset of the Guilford occupancy tax and to modify 
provisions regarding use of the proceeds of the tax, with a favorable report. 

S.B. 49, a bill to eliminate the four-year ownership requirement for use-value 
forestland transferred to the owner of other use-value forestland, with a favorable re- 
port, as amended. 

By Senator Richardson for the Children and Youth Committee: 

S.B. 57, a bill to create the Youth Suicide Advisory Board and to appropriate funds 
therefor, with a favorable report, as amended. 

On motion of Senator Richardson, the rules are suspended, and the bill is placed 
before the Senate for immediate consideration and on his further motion Committee 
Amendment No. 1 is adopted. 

On motion of Senator Richardson, the bill, as amended, is ordered engrossed and 
re-referred to the Rules and Operation of the Senate Committee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



February 22, 1989 



1989] SENATE JOURNAL 97 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Sands, Shaw, Tally, Walker, and Winner: 

S.B. 227, a bill to appropriate funds for the establishment of a residential State 
park ranger training center. 

Referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Sands, Shaw, Tally, Walker, and Winner: 

S.B. 228, a bill to appropriate funds to provide for minimum lifeguard coverage at 
existing swimming beaches and pools in the State Parks System. 

Referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Sands, Shaw, Tally, Walker, and Winner: 

S.B. 229, a bill to establish a Park Improvement Plan (PIP) for capital improve- 
ment projects at State parks and recreation areas and to appropriate funds for the 
initial phase of the plan. 

Referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Sands, Shaw, Tally, Walker, and Winner: 

S.B. 230, a bill to appropriate funds to provide for twenty-two maintenance posi- 
tions and support at the State parks. 

Referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Sands, Shaw, Tally, Walker, and Winner: 

S.B. 231, a bill to create a Study Commission on State Parks and Recreation Ar- 
eas. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Kaplan, Marvin, Sands, Shaw, Tally, Walker, and Winner: 

S.B. 232, a bill to appropriate funds for staffing and support to open five newly 
constructed State Recreation Areas at Falls and Jordan Lakes. 

Referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Sands, Shaw, Tally, Walker, and Winner: 

S.B. 233, a bill to appropriate funds to provide for one general information bro- 
chure for dissemination at each State Park to the public. 

Referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Sands, Shaw, Tally, Walker, and Winner: 

S.B. 234, a bill to appropriate funds for the continuation of the Adopt-A-Trail 
Program. 

Referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Sands, Shaw, Tally, Walker, and Winner: 

S.B. 235, a bill to require the Department of Transportation to construct, repair, 
and maintain the State parks roads system. 

Referred to State Government Committee and upon a favorable report re- 
referred to Appropriations Committee. 



February 22, 1989 



98 SENATE JOURNAL [Session 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Plyler, Sands, Shaw, Tally, Walker, and 
Winner: 

S.B. 236, a bill to appropriate funds to provide staff and support to implement 
construction and rehabilitation programs in the State parks. 

Referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Plyler, Sands, Shaw, Tally, Walker, and 
Winner: 

S.B. 237, a bill to appropriate funds for staff and support for a land surveying team 
to mark the boundaries of the State Parks. 

Referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Plyler, Sands, Shaw, Tally, Walker, and 
Winner: 

S.B. 238, a bill to appropriate funds to provide office and equipment support for the 
State trails coordinator and four regional trails specialists. 

Referred to Appropriations Committee. 

By Senators Sherron, Block, Carpenter, Cochrane, Daniel, Hardin, Hunt of Dur- 
ham, Hunt of Moore, Kaplan, Marvin, Sands, Shaw, Tally, Walker, and Winner: 

S.B. 239, a bill to provide that fees collected at State parks remain in the budget of 
the park that collected the fee and not revert to the General Fund. 

Referred to State Government Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senators Simpson and Carpenter: 

S.B. 240, a bill to require completion of alcohol abuse treatment to receive credit 
against an active sentence imposed for a conviction for impaired driving. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Simpson and Carpenter: 

S.B. 241, a bill to increase the immediate civil license revocation for certain per- 
sons charged with implied-consent offenses from ten days to thirty days and for certain 
other persons from thirty days to sixty days. 

Referred to Judiciary I Committee. 

By Senators Ward, Barker, Block, Carpenter, Cochrane, Conder, Ezzell, Hardin, 
Hunt of Moore, Kaplan, Martin of Guilford, Marvin, Murphy, Rauch, Raynor, 
Royall, Sands, Shaw, Sherron, Smith, Speed, Staton, Swain, Taft, Tally, and 
Walker: 

S.B. 242, a bill to authorize the Board of Nursing to establish a Nurses Aides Reg- 
istry. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senators Ward, Allran, Barker, Block, Carpenter, Cochrane, Conder, Ezzell, 
Hardin, Hunt of Moore, Martin of Guilford, Marvin, Murphy, Rauch, Raynor, 
Royall, Sands, Shaw, Sherron, Smith, Speed, Staton, Swain, Taft, Tally, and 
Walker: 

S.B. 243, a bill to establish the North Carolina Nursing Scholars Program and the 
North Carolina Nursing Scholars Commission. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Appropriations Committee. 



February 22, 1989 



1989] SENATE JOURNAL 99 

By Senators Ward, Allran, Barker, Block, Carpenter, Cochrane, Conder, Ezzell, 
Hardin, Hunt of Moore, Martin of Guilford, Marvin, Murphy, Rauch, Royall, Sands, 
Shaw, Sherron, Smith, Speed, Staton, Swain, Taft, Tally, and Walker: 

S.B. 244, a bill to appropriate funds for nursing education and training programs. 

Referred to Appropriations Committee. 

By Senators Ward, Barker, Block, Carpenter, Cochrane, Conder, Ezzell, Hardin, 
Hunt of Moore, Martin of Guilford, Marvin, Murphy, Rauch, Raynor, Royall, Sands, 
Shaw, Sherron, Smith, Speed, Staton, Swain, Taft, Tally, and Walker: 

S.B. 245, a bill to create the Nursing Pool and the Home Care Agency Licensure 
Acts. 

Referred to Human Resources Committee. 

By Senators Ward, Allran, Barker, Block, Carpenter, Cochrane, Conder, Ezzell, 
Hardin, Hunt of Moore, Martin of Guilford, Marvin, Murphy, Rauch, Raynor, 
Royall, Sands, Shaw, Sherron, Smith, Speed, Staton, Swain, Taft, Tally, and 
Walker: 

S.B. 246, a bill to provide for the implementation of programs to address the nurs- 
ing shortage in the State. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Rules and Operation of the Senate Committee and upon a favor- 
able report re-referred to the Appropriations Committee. 

By Senators Cochrane and Smith: 

S.B. 247, a bill to appropriate funds for the expansion of the Davidson County 
Community College campus. 

Referred to Appropriations Committee. 

By Senators Cochrane and Smith: 

S.B. 248, a bill to appropriate funds for a facility at the Davidson County Commu- 
nity satellite campus. 

Referred to Appropriations Committee. 

By Senators Simpson, Carpenter, and Hardin: 

S.B. 249, a bill to provide that the North Carolina Supreme Court may not consider 
in its review of a death penalty case whether the sentence imposed is disproportionate 
to the penalty imposed in similar cases. 

Referred to Judiciary I Committee. 

By Senators Simpson, Carpenter, and Hardin: 

S.B. 250, a bill to mandate revocation of a limited driving privilege in certain cir- 
cumstances. 

Referred to Judiciary I Committee. 

By Senators Simpson, Carpenter, and Hardin: 

S.B. 251, a bill to allow the Division of Motor Vehicles to consider a prayer for 
judgment continued in a DWI case as a final conviction after sixty days from the date 
it is entered. 

Referred to Judiciary I Committee. 

By Senator Martin of Guilford: 

S.B. 252, a bill to establish a Legislative Study Commission to examine the issue of 
equity in funding for the School of Agriculture at North Carolina State Agricultural and 
Technical State University. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 



February 22, 1989 



100 SENATE JOURNAL [Session 

By Senator Smith: 

S.B. 253, a bill to appropriate funds to Rowan County for an elevator in the Com- 
munity Building. 

Referred to Appropriations Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of as follows: 

H.B. 86, a bill to require confidentiality for interstate bank acquisition records and 
publication of notice of application of interstate banking acquisition. 
Referred to Banks and Thrift Institutions Committee. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.B. 38 House of Representatives 

February 21, 1989 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendments to S.B. No., 38, A BILL TO BE ENTITLED AN ACT TO 
MAKE AN EMERGENCY APPROPRIATION FOR CORRECTIONAL 
PROGRAMS AND PROJECTS, the Speaker has appointed as conferees on the 
part of the House, Representatives Hardaway, Huffman, Bowman, Jack Hunt, 
Brubaker, and Barnes, to act with a like committee on the part of the Senate to the 
end that the differences existing between the two bodies may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 90, a bill to allow the City of Charlotte to exercise the power of eminent do- 
main under certain conditions to provide housing for low-and moderate-income per- 
sons, upon second reading. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

Senator Sands offers Amendment No. 2 which is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 47, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Block, 
Bryan, Carpenter, Chalk, Cobb, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 47. 

Voting in the negative: None. 

The bill, as amended, is placed on the Calendar for tomorrow for further considera- 
tion upon third reading. 



February 22, 1989 



1989] SENATE JOURNAL 101 

S.B. 149, a bill to provide that the Community of Rock Barn in Catawba County 
may be annexed involuntarily only as a whole, upon the second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
and Winner — 49. 

Voting in the negative: None. 

The bill is placed on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 16, a bill to allow Union County to regulate the abandonment of junked mo- 
tors vehicles, for concurrence in House Amendment No. 1. 

On motion of Senator Plyler, the Senate concurs in House Amendment No. 1 
(49-0), which changes the title to read, S.B. 16, a bill to allow municipalities in 
Union County to regulate the abandonment of junked motor vehicles, and the bill is 
ordered enrolled. 

S.R. 215, a Senate simple resolution to establish the procedure for nominating and 
electing members of the Board of Governors of the University of North Carolina, for 
adoption. 

On motion of Senator Murphy, the Senate resolution is adopted (48-0). (The text 
of this resolution appears in the Appendix) . 

S.B. 27 (Committee Substitute), a bill to reoeal those portions of the General Stat- 
utes which require that environmental rules be no more restrictive than comparable 
federal regulations, to require that an assessment report be prepared as to the benefits 
and burdens likely to result from environmental rule-making, and to require that the 
benefits of environmental rule-making exceed the burdens. 

Senator Winner offers Amendment No. 1 which is adopted (48-0). 

Senator Block offers Amendment No. 2 which is adopted (48-0). 

Senator Block offers Amendment No. 3, which is adopted (47-2). 

The Committee Substitute bill, as amended, passes its second reading (42-8). 

Senator Speed objects to the third reading of the bill, as amended. 

The Committee Substitute bill, as amended, is placed on the Calendar for tomor- 
row, February 23, for further consideration upon third reading. 

S.B. 145, a bill to require hotels and motels to post telephone surcharges. 

On motion of Senator Rauch, the bill is re-referred to the Finance Committee 

(46-2). 

S.B. 152 (Committee Substitute), a bill to allow city managers to serve on county 
boards of education in counties with small populations. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 



REPORT OF SELECT COMMITTEE 

Senator Kenneth C. Royall, Jr., Chairman of the Mental Health Study Commission 
presents the Final Report and Recommendations of the Commission to the General 
Assembly. The Senate accepts the Report. 



February 22, 1989 



102 SENATE JOURNAL [Session 

On motion of Senator Barnes, seconded by Senator Taft, the Senate adjourns at 
2:53 P.M. to meet tomorrow, February 23, at 1:30 P.M. 



TWENTY-SIXTH DAY 

Senate Chamber, 
Thursday, February 23, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O Lord of Light, near this noon half-tide, between night and night, we pause to 
honor Thee, and to wait for Thy Word. 

"The still small voice is best heard, not in earthquake, wind, or fire; but, in the 
listening ear of a silent soul. 

"Speak to each, Dear Father, some cleansing word, some guiding word, some bur- 
den-lifting word, some word of faith, and hope, and love; and we promise, O Lord, 
like those whose souls gave birth to the Spirituals, I'll be somewhere listening; I'll be 
somewhere, listening for my Lord. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 22, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Ward who is attending a 
conference of the Education Commission of the States in Minneapolis and to Senator 
Ballance. 

Senator Taft requests to be recorded present. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and is duly ratified 
and sent to the office of the Secretary of State: 

S.B. 16, an act to allow municipalities in Union County to regulate the abandon- 
ment of junked motor vehicles. (Ch. 3) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 154, a joint resolution providing that the 1989 General Assembly shall meet 
in the City of Fayetteville in honor of the Two Hundredth Anniversary of the ratifica- 
tion by North Carolina of the United States Constitution, with a favorable report. 



February 23, 1989 



1989] SENATE JOURNAL 103 

S. J.R. 217, a joint resolution providing that the Speaker of the House of Represen- 
tatives and the President Pro Tempore of the Senate may, during the 1989 Regular 
Session, provide for joint sessions of both houses to act on confirmation of nominees 
or appointments, with a favorable report. 

S.J.R. 220, a joint resolution providing for a joint session or sessions of the House 
of Representatives and the Senate to act on confirmation of the appointments made by 
the Governor to membership on the North Carolina Utilities Commission and to the 
position of Executive Director of the Public Staff and providing for review of the Gov- 
ernor's appointments by the House Committee on Infrastructure and the Senate Com- 
mittee on Commerce, with a favorable report. 

S.B. 162, a bill to expand the jurisdiction of the Legislative Ethics Committee, with 
a favorable report. 

On motion of Senator Winner, the bill is placed on the Calendar for Tuesday, Feb- 
ruary 28. 

By Senator Sherron for the State Government Committee: 

S.B. 22, a bill to implement the recommendations of the Attorney General's Staff 
Study conducted by the Legislative Research Commission with respect to a plan for the 
consolidation of legal positions within State government, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Sherron, the Committee Substitute bill is placed on the Calen- 
dar for Monday, February 27. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 58, a bill that designates the solid waste branch in the Department of Human 
Resources to serve as the central clearinghouse for information regarding solid waste 
management, with a favorable report. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Staton and Sands: 

S.B. 254, a bill to improve recovery of defaulted student loans. 

Referred to Judiciary II Committee. 

By Senator Marvin: 

S.B. 255, a bill to assure that the designated representative of a child support en- 
forcement program administered by the Department of Human Resources is authorized 
to pursue establishment of paternity and collection of child support in interstate IV-D 
cases and to appropriate funds for the State cost to implement this change. 

Referred to Children and Youth Committee and upon a favorable report re- 
referred to Judiciary II Committee. 

By Senators Marvin, Tally, and Raynor: 

S.B. 256, a bill to appropriate funds to the Division of Mental Health, Mental 
Retardation and Substance Abuse Services, for the purpose of continued implementa- 
tion of the Child Mental Health Plan. 

Referred to Appropriations Committee. 



February 23, 1989 



104 SENATE JOURNAL [Session 

By Senators Sands, Daniel, Barker, Odom, and Block: 

S.B. 257, a bill to amend the Constitution of North Carolina to provide that District 
Court Judges are elected for eight-year terms. 
Referred to Constitution Committee. 

By Senator Goldston: 

S.B. 258, a bill to amend the Fair Housing Act to prohibit sexual harassment in the 
rental of residential property. 

Referred to Judiciary III Committee. 

By Senator Goldston: 

S.B. 259, a bill to amend the State Fair Housing Act to clarify provisions regarding 
discriminatory advertising and the availability of temporary relief pending resolution of 
a discrimination complaint. 

Referred to Judiciary III Committee. 

By Senator Goldston: 

S.B. 260, a bill to prohibit sexual harassment in the rental of residential property. 

Referred to Judiciary III Committee. 

By Senator Goldston: 

S.B. 261, a bill to cover heart and other organ transplants through preferred 
provider reimbursement limits under the Teachers' and State Employees' Comprehen- 
sive Major Medical Plan. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senator Goldston: 

S.B. 262, a bill to amend the State Fair Housing Act by extending protection to the 
handicapped and families with children. 
Referred to Judiciary III Committee. 

By Senators Winner, Plyler, and Rauch: 

S.B. 263, a bill to remove the three hundred dollar sales and use tax cap on air- 
craft, railway locomotives, railway cars, motor vehicles, and boats. 
Referred to Finance Committee. 

By Senators Winner, Plyler, and Rauch: 

S.B. 264, a bill to establish a graduated exclusion for retirement benefits that de- 
creases as income exceeds fifteen thousand dollars. 
Referred to Finance Committee. 

By Swain, Johnson of Wake, Winner, and Raynor: 
S.B. 265, a bill concerning recording of instruments. 
Referred to Judiciary III Committee. 

By Senators Ward, Marvin, Harris, Walker, Tally, Plyler, Martin of Guilford, and 
Raynor: 

S.B. 266, a bill to appropriate funds to the Division of Mental Health, Mental 
Retardation and Substance Abuse Services, for the purpose of providing services to 
North Carolinians with severe and persistent mental illness. 

Referred to Appropriations Committee. 

By Senators Ward, Marvin, Harris, Walker, Tally, Plyler, and Martin of Guilford: 
S.J.R. 267, a Senate joint resolution adopting the Comprehensive Long-Range 

Plan for adults with severe and persistent mental illness as policy guidance for the 

development of services. 

Referred to Rules and Operation of the Senate Committee. 



February 23, 1989 



1989] SENATE JOURNAL 105 

By Senators Johnson of Cabarrus, Smith, and Cochrane: 

S.B. 268, a bill to appropriate funds to the Board of Community Colleges for devel- 
opment of the new campus of Rowan-Cabarrus Community College. 
Referred to Appropriations Committee. 

By Senators Tally, Allran, Block, Bryan, Carpenter, Conder, Harris, Johnson of 
Wake, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Sands, 
Sherron, Smith, Soles, Speed, and Ward: 

S.B. 269, a bill to appropriate funds to the Division of Mental Health, Mental 
Retardation and Substance Abuse Services, Department of Human Resources, for the 
purpose of promoting equalization of State appropriated funds to area authorities. 

Referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 270, a bill to appropriate funds from the Worker Training Trust Fund, to 
amend the purposes for which Trust Fund money may be appropriated, and to appro- 
priate funds from the Special Employment Security Administration Fund. 

Referred to Manufacturing and Labor Committee and upon a favorable re- 
port re-referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 271, a bill to establish the Worker Training Trust Fund Study Commission 
and to direct that Commission to conduct a study. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senator Murphy: 

S.B. 272, a bill to appropriate funds for capital improvements at Lenoir Community 
College. 

Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 273, a bill to eliminate the rollback of deferred taxes when farmland is sold 
but remains in use as farmland. 

Referred to Agriculture Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Speed: 

S.B. 274, a bill to require notification of certain pesticide applications. 

Referred to Agriculture Committee. 

By Senator Speed: 

S.B. 275, a bill to add a public member and a health representative to the Struc- 
tural Pest Control Committee. 

Referred to Agriculture Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 90, a bill to allow the City of Charlotte to exercise the power of eminent do- 
main under certain conditions to provide housing for low-and moderate-income per- 
sons, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 38, noes 0, as 
follows; 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Carpenter, 
Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 



February 23, 1989 



106 SENATE JOURNAL [Session 

Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Martin of Guilford, Marvin, Murphy, Odom, Plyler, Rauch, Raynor, Roy all, 
Sands, Shaw, Sherron, Smith, Soles, Staton, Swain, Tally, and Winner— 38. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 149, a bill to provide that the Community of Rock Barn in Catawba County 
may be annexed involuntarily only as a whole, upon third reading. 

The bill passes its third reading by roll-call vote ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Carpen- 
ter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Martin of Guilford, Marvin, Murphy, Odom, Plyler, Rauch, Raynor, 
Roy all, Sands, Shaw, Sherron, Smith, Soles, Staton, Swain, Tally, Walker, and 
Winner— 40. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 148, a bill to repeal the sunset of the Guilford occupancy tax and to modify 
provisions regarding use of the proceeds of the tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Barnes, Basnight, Block, Bryan, Carpenter, 
Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Royall, Sands, Shaw, Sherron, Smith, Soles, Staton, Swain, Tally, Walker, 
and Winner — 40. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, February 27, for further considera- 
tion upon third reading. 

Without objection, on motion of Senator Barnes, the Committee Substitute for S.B. 
27 is taken up out of its regular order of business. 

S.B. 27 (Committee Substitute), a bill to repeal those portions of the General Stat- 
utes which require that environmental rules be no more restrictive than comparable 
federal regulations, to require that an assessment report be prepared as to the benefits 
and burdens likely to result from environmental rule-making, and to require that the 
benefits of environmental rule-making exceed the burdens, as amended, upon third 
reading. 

The Committee Substitute bill, as amended, passes its third reading (33-9). 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the 
House of Representatives. 

S.B. 95, a bill to amend the Constitution of North Carolina to provide for four-year 
terms for members of the General Assembly, and to make conforming changes to 
other statutes, upon second reading. 

On motion of Senator Ezzell, the bill is recommitted to the Constitution Com- 
mittee. 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 1:54 P.M. to meet Monday, February 27, at 8:00 P.M. 



February 23, 1989 



1989] SENATE JOURNAL 107 

TWENTY-SEVENTH DAY 

Senate Chamber, 

Monday, February 27, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Eternal God, Whose light does not fade, and Whose love does not fail, come to us 
now with an experience of inner strength. We ask not for lives that are easy, but for 
grace equal to every need. We ask not to be freed from storms, but for a house built 
upon a rock. We pray not for a smooth sea, but for a stout ship, a good compass and 
a strong heart for sailing, and at the end of our voyage, a quiet harbor full of Thy 
Presence and Thy peace. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
February 23, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 145, an act to allow Transylvania County to convey to Transylvania Voca- 
tional Services Foundation, Inc., certain real estate at private sale. (Ch. 4) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Ezzell: 

S.B. 276, a bill to provide improved Medicaid coverage to children under eight, to 
expand Medicaid case management services for children with special health risks, and 
to expand income eligibility for children for the special health services program. 

Referred to Appropriations Committee. 

By Senators Taft and Daniel: 

S.B. 277, a bill to implement the recommendations of the Birth-Related Neurologi- 
cal Impairment Study Commission. 

Referred to Children and Youth Committee and upon a favorable report re- 
referred to Judiciary II Committee. 

By Senators Daniel and Allran: 

S.B. 278, a bill to revise animal welfare and control laws and create the Animal 
Welfare Act Enforcement Fund. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Finance Committee. 

By Senator Soles: 

S.B. 279, a bill to appropriate funds to implement the revised Business Corporation 
Act. 

Referred to Appropriations Committee. 



February 27, 1989 



108 SENATE JOURNAL [Session 

By Senators Soles and Block: 

S.B. 280, a bill to rewrite Chapter 55 of the General Statutes relating to business 
corporations. 

Referred to Judiciary II Committee. 

By Senators Marvin, Ballance, Barker, Block, Conder, Guy, Harris, Hunt of 
Moore, Johnson of Wake, Martin of Pitt, Martin of Guilford, Parnell, Rauch, 
Richardson, Speed, Swain, Tally, Walker, Ward, and Winner: 

S.B. 281, a bill to require the coverage of child health supervision services in all 
health insurance policies sold or delivered within the State. 

Referred to Insurance Committee. 

By Senator Marvin: 

S.B. 282, a bill to amend the communicable disease law. 

Referred to Human Resources Committee. 

By Senator Marvin: 

S.B. 283, a bill to appropriate funds for foster care payments for HIV infected 
children. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 284, a bill to increase the penalties for violating ordinances of New Hanover 
County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 285, a bill to allow the New Hanover County Board of Commissioners to dele- 
gate approval of permits for storage and sale of explosives and the exhibition of pyro- 
technics. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Richardson, Hunt of Durham, and Walker: 

S.B. 286, a bill to appropriate funds to increase the Medicaid income eligibility 
limits for the elderly and disabled. 

Referred to Appropriations Committee. 

By Senators Richardson, Hunt of Durham, and Walker: 
S.B. 287, a bill to adopt a new Medicaid resources limit. 
Referred to Appropriations Committee. 

By Senators Marvin and Harris: 

S.B. 288, a bill to establish a statewide and a community-based AIDS prevention 
and education program. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senators Winner and Swain: 

S.B. 289, a bill to appropriate funds for the Thomas Wolfe Memorial Visitor Cen- 
ter. 

Referred to Appropriations Committee. 

By Senators Goldston, Royall, Basnight, and Plyler: 

S.B. 290, a bill to create the North Carolina Trust Fund and to designate the fund- 
ing sources for the funds and purposes for the Fund and to provide for increased reve- 
nues for other highway programs. 

Referred to Transportation Committee and upon a favorable report re-referred 
to Finance Committee. 



February 27, 1989 



1989] SENATE JOURNAL 109 

By Senator Goldston: 

S.B. 291, a bill to transfer the Divisions of Community Assistance and Economic 
Opportunity from the Department of Natural Resources and Community Development 
to the Department of Commerce, to direct the Secretary of Commerce to establish a 
Division of Housing, and to establish a toll-free telephone number for housing assis- 
tance information in that Division. 

Referred to State Government Committee. 

By Senators Basnight and Barker: 

S.B. 292, a bill to appropriate funds to provide for expansion of the Oyster Reha- 
bilitation Program, initiation of a Shellfish Growout Program, and acquisition of a 
land-based enforcement aircraft. 

Referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 293, a bill to appropriate funds for the purchase of emergency management 
radios for coastal area counties, for a satellite weather receiving system, and for hurri- 
cane emergency evacuation road signs. 

Referred to Appropriations Committee. 

By Senators Basnight, Barker, and Shaw: 

S.B. 294, a bill to abolish the Seafood Study Commission and transfer its function 
to the Joint Legislative Commission on Seafood and Aquaculture. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Rules and Operation of the Senate and upon a favorable 
report re-referred to Appropriations Committee. 

By Senators Sands, Goldston, and Smith: 

S.J.R. 295, a joint resolution honoring the One Hundredth Anniversary of the 
Town of Blowing Rock and the memory of its founders. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Sands: 

S.B. 296, a bill to raise the fine or monetary penalty for violation of a city ordi- 
nance. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Block, Basnight, Guy, and Hunt of Moore: 

S.B. 297, a bill to continue the LRC Committee on Tourism's Growth and Effect. 
Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Block, Basnight, Guy, and Hunt of Moore: 

S.B. 298, a bill to establish a matching grants program within the Division of Ar- 
chives and History to assist counties in the preservation of Governors' homes. 
Referred to Appropriations Committee. 

By Senators Block, Basnight, Guy, and Hunt of Moore: 

S.B. 299, a bill to create the North Carolina Travel and Tourism Commission. 
Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Smith and Cochrane: 

S.B. 300, a bill to permit emergency medical service emergency support vehicles to 
have red lights and sirens. 

Referred to Transportation Committee. 



February 27, 1989 



110 SENATE JOURNAL [Session 

By Senators Staton, Sands, and Block: 

S.B. 301, a bill to establish the Joint Legislative Commission on Future Strategies 
for North Carolina. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senator Speed: 

S.B. 302, a bill to require additional reporting to landowners concerning well con- 
struction and to authorize a program for the closure of abandoned wells. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 

By Senator Hardin: 

S.B. 303, a bill to increase the threshold above which government units may not 
use their own work force for construction projects, and to repeal local acts with lower 
thresholds than the new limit. 

Referred to Manufacturing and Labor Committee. 

By Senators Sherron, Goldston, Guy, Speed, and Taft: 

S.B. 304, a bill to require the Department of Correction to study the feasibility of 
improving the work efficiency of prison inmates and increasing the participation by 
prison inmates in work projects and to report its findings to the 1989 General Assem- 
bly. 

Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee. 

By Senator Sherron: 

S.B. 305, a bill to clarify the ownership of property used by the Administrative 
Rules Review Commission and to give the Commission computer access to the Admin- 
istrative Code. 

Referred to Judiciary III Committee. 

By Senators Sherron, Cochrane, Shaw, Tally, Winner, and Smith: 
S.B. 306, a bill to delete the requirement that the Division of Parks and Recreation 
report to the Joint Legislative Commission on Governmental Operations regarding 
ranger residences and Lake James State Park and to repeal the sunset on legislation 
regarding construction of ranger residences. 
Referred to State Government Committee. 

By Senators Soles and Sands: 

S.B. 307, a bill to increase the amount in controversy of district court to twenty- 
five thousand dollars. 

Referred to Judiciary II Committee. 

By Senator Goldston: 

S.B. 308, a bill to allow public contracts to include single prime contractor con- 
tracts, construction management contracts, or design-build contracts. 
Referred to State Government Committee. 

By Senator Soles: 

S.B. 309, a bill to amend the North Carolina Control Share Acquisition Act. 

Referred to Judiciary II Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



February 27, 1989 






1989] SENATE JOURNAL 111 

H.B. 4, a bill to update the reference to the Internal Revenue Code used to deter- 
mine certain taxable income and tax exemptions. 
Referred to Finance Committee. 

H.B. 5, a bill to make technical changes to the revenue laws. 
Referred to Finance Committee. 

H.B. 55, a bill to allow a use tax credit for sales tax paid to another state on 
construction equipment brought into North Carolina. 
Referred to Finance Committee. 

H.B. 87, a bill to require the registration under the North Carolina Bank Holding 
Company Act of bank holding companies controlling directly or indirectly nonbank 
subsidiaries operating in North Carolina. 

Referred to Banks and Thrift Institutions Committee. 

H.B. 112, a bill to provide a fee of four dollars for filing with the local tax collector 
a request for notification of a tax foreclosure. 
Referred to Finance Committee. 

H.B. 115, a bill to extend certain deadlines applicable to the development of North 
Carolina's Low-Level Radioactive Waste Disposal Facility and to amend certain pro- 
visions of law relating to the Inter-agency Committee on Low-level Radioactive 
Waste. 

Referred to Environment and Natural Resources Committee. 

H.B. 116, a bill to establish the North Carolina Register of Historic Places. 
Referred to State Government Committee. 

H.B. 161, a bill to allow the Town of Ocean Isle Beach to make special assess- 
ments for undergrounding of utilities. 

Referred to Local Government and Regional Affairs Committee. 



CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
Thursday, February 23, are taken up and disposed of as follows: 

S.B. 88, a bill to amend Chapter 899 of the 1985 Session Laws (Regular Session, 
1986) to provide changes only with respect to a wholly self-liquidating project, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, Tally, Walker, Ward, and 
Winner— 48. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow for further consideration upon third 
reading. 

S.B. 49, a bill to eliminate the four-year ownership requirement for use- value 
forestland transferred to the owner of other use- value forestland. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted (48-0). 

Without objection, on motion of Senator Block, the bill, as amended, is temporarily 
displaced. 



February 27, 1989 



112 SENATE JOURNAL [Session 

S.B. 79 (Committee Substitute), a bill to require that the remains of terminated 
pregnancies be disposed of in a manner limited to burial, cremation, or approved 
hospital type of incineration. 

The Committee Substitute bill passes its second (47-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 223, a bill to increase the period for registering births and fetal deaths. 
The bill passes its second (46-0) and third readings and is ordered sent to the House 
of Representatives. 

Bills and resolutions on today's Calendar are taken up and disposed of as follows: 

S.B. 148, a bill to repeal the sunset of the Guilford occupancy tax and to modify 
provisions regarding use of the proceeds of the tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Swain, Taft, Tally, Walker, Ward, and Winner— 47. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 49, a bill to eliminate the four-year ownership requirement for use- value 
forestland transferred to the owner of other use-value forestland, as amended, tempo- 
rarily displaced earlier. 

The bill, as amended, passes its second (47-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

The President declares the voting equipment has malfunctioned and the remaining 
votes shall be taken viva voce. 

S.B. 22 (Committee Substitute), a bill to implement the recommendations of the 
Attorney General's Staff Study conducted by the Legislative Research Commission 
with respect to a plan for the consolidation of legal positions within State government. 

The Committee Substitute bill, passes its second and third readings and is ordered 
sent to the House of Representatives. 

S.B. 58, a bill that designates the solid waste branch in the Department of Human 
Resources to serve as the central clearinghouse for information regarding solid waste 
management. 

The bill passes its second reading. 

Senator Royall objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, February 28, for further considera- 
tion upon third reading. 

S.J.R. 154, a joint resolution providing that the 1989 General Assembly shall meet 
in the City of Fayetteville in honor of the Two Hundredth Anniversary of the ratifica- 
tion by North Carolina of the United States Constitution. 

The joint resolution passes its second and third readings and is ordered sent to the 
House of Representatives. 

S.J.R. 217, a joint resolution providing that the Speaker of the House of Represen- 
tatives and the President Pro Tempore of the Senate may, during the 1989 Regular 
Session, provide for joint sessions of both houses to act on confirmation of nominees 
or appointments. 

The joint resolution passes its second and third readings and is ordered sent to the 
House of Representatives. 



February 27, 1989 



1989] SENATE JOURNAL 113 

S.J.R. 220, a joint resolution providing for a joint session or sessions of the House 
of Representatives and the Senate to act on confirmation of the appointments made by 
the Governor to membership on the North Carolina Utilities Commission and to the 
position of Executive Director of the Public Staff and providing for review of the Gov- 
ernor's appointments by the House Committee on Infrastructure and the Senate Com- 
mittee on Commerce. 

The joint resolution passes its second and third readings and is ordered sent to the 
House of Representatives. 



REPORT FROM THE NORTH CAROLINA DEPARTMENT OF 
HUMAN RESOURCES 

The President directs the Reading Clerk to read the following message: 



NORTH CAROLINA DEPARTMENT OF HUMAN RESOURCES 

325 North Salisbury Street - Raleigh, North Carolina 27611 

February 23, 1989 

The Honorable James C. Gardner 

Lieutenant Governor of North Carolina 

Legislative Office Building 

Room 2104 

Raleigh, North Carolina 27611 

Dear Lieutenant Governor Gardner: 

Attached is the evaluation report required to be submitted March 1, 1989, by Senate 
Bill 1559. This report evaluates state appropriations for services to older adults. 

The Department of Human Resources, Division of Aging, prepared this report in close 
consultation with the Divisions of Medical Assistance and of Social Services. We 
utilized an advisory committee representing over thirty organizations such as public 
and private long term care providers, senior citizen advocates, health departments, 
social services departments, and other agencies involved in providing services to older 
adults. The full membership is found on the first page of the report. 

The report reflects that the appropriations provided by Senate Bill 1559 have met criti- 
cal needs of older adults in North Carolina. The North Carolina General Assembly is 
to be commended for realizing the growing needs of older adults and for taking this 
action. 

We in the Department of Human Resources realize the importance of planning and 
providing effective programs for our older adults. Please be assured of our cooperation 
and willingness to work with you. 

Sincerely, 

S/David T. Flaherty 

The Senate accepts the report. 

The President recognizes the following pages serving in the Senate this week: 

Brian Carl Bernhardt, Charlotte; Joy Bigger, Charlotte; Brett Brewer, Burlington; 
Helen Chandler, Burlington; Alan Cudd, Raleigh; Bryan La Cour Deshields, Wil- 
mington; William David Driver III, Rocky Mount; Chrysta Ellis, Raleigh; Robert 



February 27, 1989 



114 SENATE JOURNAL [Session 

Epps, Raleigh; Taylor Freeman, Raleigh; Elizabeth Ann Innes, Charlotte; Carrie 
Kernodle, Graham; Charles Eldridge Lewis, Bethel; Cheryl Long, Burlington; 
Stephanie Ann McCarty, Eden; Maggi Ann Neblett, Asheville; Thomas Roosevelt 
Perry, Louisburg; Al Roberson, Bethel; Kim Roberts, Yancey ville; and Kelly Ruth, 
Durham. 

ADDITIONAL ENDORSEMENT 

The following Senator requests to be recorded endorsing a bill previously introduced: 

By Senator Barker: 

S.B. 195, a bill to appropriate funds from the General Fund and the Highway Fund 
for a pay increase for all permanent State employees other than public school employ- 
ees. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 8:55 P.M. to meet tomorrow, February 28, at 1:15 P.M. 



TWENTY-EIGHTH DAY 

Senate Chamber, 

Tuesday, February 28, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable T.L. Odom, Senator from Mecklenburg County 
as follows: 

"Almighty Creator, for this day and all the opportunities You place before us, we 
give You thanks. 

"Amidst the clamor of competing claims of 'we need, ' 'we want, ' 'we are entitled, ' 
or 'we demand,' grant to us a small portion of wisdom and an abundance of grace. 

"May we become like an empty vessel, fit in some small measure to receive Thy 
Spirit, so that in our public and private life, each of us may reflect good and in time 
have the courage and strength to do what is right and pleasing in Your sight. Amen. " 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 27, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senators Plyler and Raynor for today. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary II Committee: 

S.J.R. 173, a joint resolution repealing a joint resolution calling for a federal con- 
stitutional convention to propose a balanced budget amendment, with a favorable re- 
port. 



February 28, 1989 



1989] SENATE JOURNAL 115 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 200, a bill to incorporate the Town of Sneads Ferry, with a favorable report. 

S.B. 201, a bill to permit the sale of property by the City of Sanford pursuant to the 
negotiated offer and upset bid procedure subject to specified restrictions on the use of 
the property sold, with a favorable report. 

H.B. 114, a bill to authorize the City of Burlington to convey a tract of land to the 
Salvation Army at private sale, with a favorable report. 

S.B. 192, a bill to allow the City of Lumberton to regulate the abandonment of 
junked motor vehicles, with a favorable report, as amended. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Daughtry: 

S.B. 310, a bill amending the Charter of the Town of Benson to codify the new 
method of electing town commissioners ordered by the United States District Court to 
comply with the federal voting rights acts. 

Referred to Election Laws Committee. 

By Senators Martin of Pitt and Taft: 

S.J.R. 311, a joint resolution honoring the life and memory of Dr. Leo Warren 
Jenkins, former Chancellor of East Carolina University. 

Referred to Rules and Operation of the Senate Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 196, a bill to allow the Charlotte-Mecklenburg Division of Insurance and 
Risk Management to settle claims against the county which do not exceed thirty thou- 
sand dollars without giving prior notice to the Mecklenburg County Board of Commis- 
sioners. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 225, a bill to modify the qualifications for appointment and the terms of the 
trustees for Albemarle Hospital in Pasquotank County. 

Referred to Local Government and Regional Affairs Committee. 



NOMINATION OF BOARD OF GOVERNORS 
UNIVERSITY OF NORTH CAROLINA 

The Chair orders a special message sent to the House of Representatives informing 
that Honorable Body that the Senate stands ready to repair to the Hall of the House of 
Representatives pursuant to S.R. 215, a Senate simple resolution to establish the pro- 
cedure for nominating and electing members of the Board of Governors of the Univer- 
sity of North Carolina. 



February 28, 1989 



116 SENATE JOURNAL [Session 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

S.R. 215 House of Representatives 

H.R. 178 February 28, 1989 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to H.R. 178, "A HOUSE RESOLUTION TO ESTABLISH THE PROCE- 
DURE FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD OF 
GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA" and S.R. 215, "A 
SENATE RESOLUTION TO ESTABLISH THE PROCEDURE FOR NOMINAT- 
ING AND ELECTING MEMBERS OF THE BOARD OF GOVERNORS OF THE 
UNIVERSITY OF NORTH CAROLINA," the House of Representatives stands ready 
to receive the Senate in Joint Session for the purpose of nominating persons for elec- 
tion to the board. 

Respectfully, 
S/Grace Collins 
Principal Clerk 

On motion of Senator Barnes, in accordance with S.R. 215 and H.R. 178, the 
Senate recesses to repair to the Hall of the House of Representatives, there to sit in 
Joint Session, to receive nominations to the University of North Carolina Board of 
Governors and on his further motion, upon dissolution of the Joint Session to return to 
the Senate Chamber for further consideration of business. 



JOINT SESSION 






The Senate is received by the members of the House of Representatives standing, 
and the Joint Session is called to order by Lieutenant Governor James C. Gardner, 
President of the Senate. 

The Reading Clerk of the Senate calls the roll of the Senate, and the following mem- 
bers answer the call: Senators Ballance, Barker, Barnes, Block, Bryan, Carpenter, 
Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Marvin, Murphy, Odom, Parnell, Rauch, 
Richardson, Royall, Sands, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, and Winner— 44. 

The roll-call of the House of Representatives is recorded electronically, and the 
following members answer the call: 

Representatives Abernethy, Albertson, Arnold, Balmer, Barbee, Beall, Beard, 
Bowen, Bowie, Bowman, Brown, Buchanan, Burke, Chapin, Church, Cooper, 
Creech, Cromer, Culp, Cunningham, Dawkins, Decker, DeVane, Diamont, Dick- 
son, Diggs, Duncan, Edwards, Esposito, L. Etheridge, Fitch, Flaherty, Fletcher, 
Foster, Fussell, Gardner, Grady, Grimmer, Hackney, Hall, Hasty, Hege, Holmes, 
Howard, Jack Hunt, Judy Hunt, S. Hunt, H. Hunter, Hurley, Isenhower, Justus, 
Kennedy, Lail, Ligon, Lutz, McLaughlin, Mercer, Michaux, Miller, Mills, Nesbitt, 
Payne, Perdue, Pope, Privette, Ramsey, Redwine, Rhodes, Rhyne, Robinson, Rogers, 
Sizemore, Stam, Stamey, Stewart, Tart, R. Thompson, S. Thompson, Walker, War- 
ner, Warren, Weatherly, P. Wilson, W. Wilson, Wiser, and Woodard— 86. 



February 28, 1989 



1989] SENATE JOURNAL 117 

The President of the Senate declares a quorum of each Body present and announces 
the Joint Session shall proceed with the business for which it is convened. 

The President of the Senate recognizes Senator Murphy, Chairman of the Higher 
Education Committee of the Senate, who submits the following report: 

The Committee on Higher Education of the Senate, in compliance with the 
provisions of G.S. 116-6, recommends the following persons for nomination by the 
Joint Session of the Senate and House of Representatives for election to the Board of 
Governors to the University of North Carolina. Each of these persons is, in the opin- 
ion of the Committee, legally qualified for the position to which he or she is recom- 
mended and has stated that he or she should serve if elected. 



AT-LARGE CATEGORY - Four Year Term 
(Two Seats) 

Walter Davis 

Wallace N. Hyde 

Dorothy B. Lokey 

James M. Van Hecke, Jr. 

MINORITY RACE CATEGORY - Four Year Term 
(One Seat) 

Theodore V. Carter, Sr. 
Maxine H. O'Kelley 

WOMAN'S CATEGORY - Four Year Term 
(One Seat) 

Lois G. Britt 
Bonnie E. Cone 

The President recognizes Representative C.R. Edwards, Chairman of the Educa- 
tion Committee of the House of Representatives, who submits the following report: 

The University Board of Governors' Nominating Committee place the fol- 
lowing nominees in ballot: 



RECOMMENDED NOMINEES 



AT-LARGE - VOTE FOR THREE (3) 

R. Phillip Haire 

Richard M. Lewis 

Ellen Sheffield Newbold 

John B. Yorke 

Harold H. Webb 

William K. Woltz 

MINORITY PARTY 
VOTE FOR ONE (1) 

Bill Current 
Asa T. Spaulding 



February 28, 1989 



118 SENATE JOURNAL [Session 

The Chair declares the floor open for further nominations. Receiving no additional 
nominations from the floor and upon motion of Senator Murphy, seconded by Repre- 
sentative Edwards, the nominations are closed. 

On motion of Senator Barnes, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate returns to its Chamber. 

The Senate resumes consideration of its regular business. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 93, a bill to allow Transylvania County to convey to Transylvania Vocational 
Services Foundation, Inc. certain real estate at private sale. 
On motion of Senator Sands the bill is postponed indefinitely. 

S.B. 88, a bill to amend Chapter 899 of the 1985 Session Laws (Regular Session, 
1986) to provide changes only with respect to a wholly self-liquidating project, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Daniel, Daughtry, Ezzell, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Marvin, Odom, Parnell, Rauch, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Walker, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 3 (Committee Substitute), a bill to provide for a gubernatorial veto, upon sec- 
ond reading. 

Following debate, Senator Harris offers a motion that further consideration of the 
Committee Substitute bill be postponed until tomorrow, March 1, which motion pre- 
vails (43-5). 

S.B. 162, a bill to expand the jurisdiction of the Legislative Ethics Committee. 
The bill passes its second reading (47-0). 
Senator Winner objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, March 1, for further consideration 
upon third reading. 

S.B. 58, a bill that designates the solid waste branch in the Department of Human 
Resources to serve as the central clearinghouse for information regarding solid waste 
management, upon third reading. 

Senator Royall offers Amendment No. 1 which is adopted (44-0). 

The bill, as amended, passes its third reading (45-0) and is ordered engrossed and 
sent to the House of Representatives. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Parnell for the Insurance Committee: 

S.B. 142, a bill to amend the membership requirements for the Board of Governors 
of the North Carolina Motor Vehicle Reinsurance Facility, with a favorable report, as 
amended. 



February 28, 1989 



1989] SENATE JOURNAL 119 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Tally moves that Rule 40 be suspended to allow the introduction and referral 
to committee of the following bill which motion prevails by a two-thirds majority vote 
(41-0). 

By Senators Tally, Barker, Daughtry, Johnson of Wake, Marvin, Murphy, Odom, 
Shaw, Smith, Ward, and Winner: 

S.B. 324, a bill to provide for the management of hazardous waste in North Caro- 
lina, to create the North Carolina Industrial Waste Management Commission, to 
abolish the North Carolina Hazardous Waste Treatment Commission and transfer its 
functions, powers, and duties to the North Carolina Industrial Waste Management 
Commission, to amend various statutes relating to the management of hazardous 
waste, and to make conforming changes to other statutes. 

Referred to Environment and Natural Resources Committee. 

On motion of Senator Barnes, seconded by Senator Guy, the Senate adjourns at 
2:54 P.M. to meet tomorrow, March 1, at 1:30 P.M. 



TWENTY-NINTH DAY 

Senate Chamber, 
Wednesday, March 1, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Eternal Father, the Scriptures have told us that it is the fool who has said in his 
heart, 'there is no God.' 

"We confess that our eyes have not seen Thee, nor have our hands ever touched 
Thee, and we have sometimes pondered the problem of Thy existence, like a creature 
of the sea may question if there is any water, and a bird upon the wing may wonder if 
there is any air. 

"Today, O Lord, we would cease our debate and experience Thee as we are en- 
abled, by Thy Spirit, to open ourselves to the penetrating presence of the One in 
Whom we live, and move, and have our being. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
February 28, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 



ELECTION OF MEMBERS 

TO THE BOARD OF GOVERNORS 

OF THE UNIVERSITY OF NORTH CAROLINA 

Senator Murphy for the Higher Education Committee of the Senate submits to 
the Senate the slate of nominees placed in Joint Session with the House of Representa- 
tives on February 28, as follows: 

The Committee on Higher Education of the Senate, in compliance with the 
provisions of G.S. 116-6, submits the following slate of nominees placed in 



March 1, 1989 



120 SENATE JOURNAL [Session 

nomination in the Joint Session of the Senate and House of Representatives for elec- 
tion to the Board of Governors to the University of North Carolina. 

In the AT-LARGE CATEGORY for which two seats are to be 
filled by the Senate for a four year term, the nominees are: 

Walter Davis 

Wallace N. Hyde 

Dorothy B. Lokey 

James M. Van Hecke, Jr. 

In the MINORITY RACE CATEGORY for which one seat is to be 
filled by the Senate for a four year term, the nominees are: 

Theodore V. Carter, Sr. 
Maxine H. O'Kelley 

In the WOMAN'S CATEGORY for which one seat is to be filled 
by the Senate for a four year term, the nominees are: 

Lois G. Britt 
Bonnie E. Cone 

Pursuant to S.R. 215, a Senate simple resolution to establish the procedure for 
nominating and electing members of the Board of Governors of the University of North 
Carolina, the Chair outlines the procedure for voting. (See Appendix) The Chair 
directs Senators Murphy, Royall, and Cobb to distribute the ballots, and the Senate 
proceeds to vote. 

Pursuant to S.R. 215, the ballots are canvassed by the Chairman of the Higher 
Education Committee, with the assistance of the Vice-Chairmen upon the direc- 
tion of the President of the Senate. Senator Murphy announces the results as follows: 

AT-LARGE CATEGORY FOUR-YEAR TERM 

Walter Davis 
Wallace N. Hyde 

MINORITY PARTY CATEGORY FOUR- YEAR TERM 

Maxine H. O'Kelley 

WOMAN'S CATEGORY FOUR- YEAR TERM 

Lois G. Britt 

The Chair declares Mr. Walter Davis, Mr. Wallace N. Hyde, Ms. Maxine H. 
O'Kelley, and Ms. Lois G. Britt, receiving a majority of the votes cast, are duly 
elected to the University Board of Governors of the University of North Carolina and 
orders a message sent to the House of Representatives informing that Honorable Body 
of such action. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sherron for the State Government Committee: 

S.B. 183, a bill to transfer the authority to regulate the entry of LP gas service 
piping into a building from the Department of Agriculture to the North Carolina Build- 
ing Code Council, with a favorable report. 



March 1, 1989 



1989] SENATE JOURNAL 121 

S.B. 187, a bill to require that the State Department of Administration receive no- 
tices of local planning actions as to any territory covered by the Capital Planning Com- 
mission, with a favorable report. 

S.B. 157, a bill to amend the Uniform Relocation Assistance Act in order to con- 
form to amendments in the Federal Act, with a favorable report, as amended. 

On motion of Senator Sherron, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 

The bill, as amended, passes its second (48-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

By Senator Barker for the Marine Resources and Wildlife Committee: 

H.B. 151, a bill to prohibit the intentional sweeping of a deer area with lights or the 
intentional shining of lights on deer in Richmond County, with a favorable report, as 
amended. 

By Senator Rauch for the Finance Committee: 

H.B. 58, a bill to make conforming changes to the motor carrier fuel use tax so 
that a uniform tax reporting form may be adopted, with a favorable report. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Walker and Hunt of Moore: 

S.B. 312, a bill to continue the Orange County Outreach Activities Pilot Program. 

Referred to Appropriations Committee. 

By Senators Walker, Royall, and Carpenter: 

S.B. 313, a bill to appropriate funds and to begin statewide implementation of the 
Pioneer System of funding for community services to individuals with mental illness, 
developmental disabilities and substance abuse problems. 

Referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 314, a bill to allow the Dare County Board of Education and the County of 
Dare to contract with a general contractor for the construction of a building. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Basnight, Carpenter, and Barker: 

S.B. 315, a bill to provide for the development of aquaculture in North Carolina. 
Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 316, a bill to appropriate funds to promote tourism in eastern North Carolina. 

Referred to Appropriations Committee. 

By Senator Simpson: 

S.B. 317, a bill to require that any person receiving a limited driving privilege upon 
conviction of driving while impaired shall surrender the license registration plate from 
any vehicle he intends to drive and obtain a distinguishing plate for such vehicle. 

Referred to Judiciary I Committee. 



March 1, 1989 



122 SENATE JOURNAL [Session 

By Senator Simpson: 

S.B. 318, a bill to create an affirmative duty for an innocent party to view a valid 
driver's license prior to lending use of or purchase money for a vehicle and to elimi- 
nate consideration of business or school use of vehicle in forfeiture proceedings. 

Referred to Judiciary I Committee. 

By Senator Simpson: 

S.B. 319, a bill to provide a four-year term for the Mayor of the Town of Glen 
Alpine and four-year staggered terms for the Board of Aldermen of that Town. 
Referred to Local Government and Regional Affairs Committee. 

By Senators Martin of Pitt and Ezzell: 

S.B. 320, a bill to appropriate funds to the Department of Community Colleges for 
Edgecombe Community College campus building renovation and landscaping. 
Referred to Appropriations Committee. 

By Senators Martin of Pitt and Ezzell: 

S.B. 321, a bill to appropriate funds for planning for the student activity complex at 
the Eastern North Carolina School for the Deaf. 
Referred to Appropriations Committee. 

By Senators Martin of Pitt and Ezzell: 

S.B. 322, a bill to appropriate funds for Vestal Hall at the Eastern North Carolina 
School for the Deaf. 

Referred to Appropriations Committee. 

By Senators Martin of Pitt and Ezzell: 

S.B. 323, a bill to appropriate funds for a preschool mobile classroom at the East- 
ern North Carolina School for the Deaf. 
Referred to Appropriations Committee. 

By Senators Walker, Ballance, Harris, Hunt of Durham, Hunt of Moore, Martin of 
Guilford, Marvin, Richardson, and Tally: 

S.B. 325, a bill to appropriate funds to set the 1989 Medicaid and aid with depend- 
ent children income eligibility. 

Referred to Appropriations Committee. 

By Senators Walker, Allran, Harris, Hunt of Moore, and Richardson: 
S.B. 326, a bill to create a Study Commission on Social Services. 
Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Walker, Allran, Harris, Hunt of Moore, and Richardson: 
S.B. 327, a bill to appropriate funds to provide adequate staffing statewide for child 
protective services. 

Referred to Appropriations Committee. 

By Senators Walker, Allran, Harris, Hunt of Moore, and Richardson: 
S.B. 328, a bill to appropriate funds to provide adequate staffing statewide for adult 
protective services. 

Referred to Appropriations Committee. 

By Senators Chalk and Carpenter: 

S.B. 329, a bill to prohibit most students enrolled in grades twelve or less from 
working late on school nights. 

Referred to Manufacturing and Labor Committee. 

By Senators Swain, Winner, and Sands: 

S.B. 330, a bill to eliminate the requirement that pawnbrokers be licensed. 

Referred to Judiciary I Committee. 



March 1, 1989 



1989] SENATE JOURNAL 123 

By Senator Daniel: 

S.J.R. 331, a Senate joint resolution honoring the founders of Elon College and 
commemorating its Centennial. 

Referred to Rules and Operation of the Senate Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 14 (Committee Substitute), a bill to simplify the assignment of the year's 
allowance to the surviving spouse and certain surviving children of the deceased, when 
the allowance is assigned by a magistrate. 

Referred to Judiciary III Committee. 

H.B. 36 (Committee Substitute), a bill to require that cumulative impact be consid- 
ered prior to issuing CAM A water pollution control permits. 
Referred to Marine Resources and Wildlife Committee. 

H.B. 99, a bill to amend the New Motor Vehicles Warranties Act to provide that 
any express warranty of a new motor vehicle stated in terms of a certain number of 
miles shall begin to accrue from the mileage on the odometer at the date of original 
delivery to the consumer. 

Referred to Judiciary II Committee. 

H.B. 174, a bill to provide for nursing home patient's right to notification when the 
facility's license is revoked or made provisional. 
Referred to Human Resources Committee. 

H.B. 213, a bill to make a technical change in the law relating to the membership 
of the State Building Commission. 

Referred to State Government Committee. 

S.B. 82 (Committee Substitute), a bill concerning the review of administrative rules 
mandated by the General Assembly, for concurrence in House Amendment No. 1. 

On motion of Senator Johnson of Wake, the rules are suspended, and the Commit- 
tee Substitute bill is placed before the Senate for immediate consideration. 

On motion of Senator Johnson of Wake, the Senate concurs in House Amendment 
No. 1 (48-1) and the Committee Substitute bill is ordered enrolled. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 200, a bill to incorporate the Town of Sneads Ferry, upon second reading. 

Senator Guy offers Amendment No. 1 which is adopted (48-0). 

The bill, as amended, passes its second reading by roll-call vote, ayes 48, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Tally, Walker, Ward, and 
Winner— 48. 

Voting in the negative: None. 



March 1, 1989 



124 SENATE JOURNAL [Session 

The bill, as amended, remains on the Calendar for tomorrow, March 2, for further 
consideration upon third reading. 

S.B. 192, a bill to allow the City of Lumberton to regulate the abandonment of 
junked motor vehicles. 

On motion of Senator Parnell, consideration of the bill is postponed until Monday, 
March 6. 

S.B. 201, a bill to permit the sale of property by the City of Sanford pursuant to the 
negotiated offer and upset bid procedure subject to specified restrictions on the use of 
the property sold. 

The bill passes its second (47-0) and third readings and is ordered sent to the House 
of Representatives. 

H.B. 114, a bill to authorize the City of Burlington to convey a tract of land to the 
Salvation Army at private sale. 

The bill passes its second (47-0) and third readings and is ordered enrolled. 

S.B. 3 (Committee Substitute), a bill to provide for a gubernatorial veto, upon sec- 
ond reading. 

Senator Winner offers Amendment No. 1. 

Senator Cobb rises to a point of order as to a question posed by Senator Swain not 
being relevant to Amendment No. 1. The Chair rules that Senator Winner may an- 
swer the question posed by Senator Swain. 

Amendment No. 1, is adopted (49-0). 

Senator Harris offers Amendment No. 2 which is adopted (41-7). 

Senator Johnson of Cabarrus offers Amendment No. 3. 

Senator Ezzell calls the previous question, seconded by Senator Winner. The call is 
sustained (39-10). 

Senator Cobb calls for the "ayes" and "noes" on Amendment No. 3. The call is 
sustained. 

Amendment No. 3, offered by Senator Johnson of Cabarrus fails of adoption, ayes 
14, noes 36, as follows: 

Voting in the affirmative: Senators Allran, Bryan, Carpenter, Chalk, Cobb, 
Cochrane, Daughtry, Hardin, Johnson of Cabarrus, Kincaid, Rauch, Shaw, 
Simpson, and Smith — 14. 

Voting in the negative: Senators Ballance, Barker, Barnes, Basnight, Block, Con- 
der, Daniel, Ezzell, Goldston, Guy, Harris, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Plyler, Raynor, Richardson, Royall, Sands, Sherron, Soles, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 36. 

Senator Ezzell calls the previous question, seconded by Senator Kaplan. The call is 
sustained (39-11). 

Receiving a three-fifths affirmative majority, the Committee Substitute bill, as 
amended, passes its second reading by roll-call vote, ayes 43, noes 7, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Par- 
nell, Plyler, Rauch, Raynor, Royall, Sands, Sherron, Simpson, Soles, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, and Winner— 43. 

Voting in the negative: Senators Ballance, Conder, Harris, Odom, Richardson, 
Shaw, and Smith— 7. 

Senator Sands objects to the third reading of the Committee Substitute bill, as 
amended. 

The Committee Substitute bill, as amended, remains on the Calendar for tomorrow, 
March 2, for further consideration upon third reading. 



March 1, 1989 



1989] SENATE JOURNAL 125 

S.B. 142, a bill to amend the membership requirements for the Board of Governors 
of the North Carolina Motor Vehicle Reinsurance Facility. 

On motion of Senator Parnell, Committee Amendment No. 1 is adopted (49-0). 

The bill, as amended, passes its second (49-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S. J.R. 173, a joint resolution repealing a joint resolution calling for a federal con- 
stitutional convention to propose a balanced budget amendment. 

The joint resolution passes its second (37-11) and third readings and is ordered sent 
to the House of Representatives. 

S.B. 162, a bill to expand the jurisdiction of the Legislative Ethics Committee, 
upon third reading. 

Senator Johnson of Wake offers Amendment No. 1 which is adopted (46-0). 

Senator Cobb offers Amendment No. 2 which is adopted (47-0). 

On motion of Senator Winner, further consideration of the bill, as amended, is 
postponed until tomorrow, March 2. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 82, an act concerning the review of administrative rules mandated by the Gen- 
eral Assembly. (Ch. 5) 

S.J.R. 220, a joint resolution providing for a joint session or sessions of the House 
of Representatives and the Senate to act on confirmation of the appointments made by 
the Governor to membership on the North Carolina Utilities Commission and to the 
position of Executive Director of the Public Staff and providing for review of the Gov- 
ernor's appointments by the House Committee on Infrastructure and the Senate Com- 
mittee on Commerce. (Res. 3) 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 3:16 P.M. to meet tomorrow, March 2, at 1:30 P.M. 



THIRTIETH DAY 



Senate Chamber, 
Thursday, March 2, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Saint Augustine said it, 'Thou hast made us for Thyself, O God, and our hearts 
are restless till they rest in Thee.' 

"We have tried to satisfy ourselves with worldly goods. Well-housed, well-clothed, 
well-fed, yet there arises within us an insatiable desire for life that is life indeed, so we 
turn to Thee. 

"We have tried to satisfy ourselves by throwing off the bit and bridle of Thy moral 
law, by giving transgressions new names; yet, there are feet that follow and all that is 
worthy and beautiful allures us still, so we turn to Thee. 



March 2, 1989 



126 SENATE JOURNAL [Session 

"And now gratefully say for ourselves, Thou hast made us for Thyself, O God, and 
our hearts are restless till they rest in Thee. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 1, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Smith, whose daughter is getting 
married, for today. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 114, an act to authorize the City of Burlington to convey a tract of land to the 
Salvation Army at private sale. (Ch. 6) 

S.J.R. 154, a joint resolution providing that the 1989 General Assembly shall meet 
in the City of Fayetteville in honor of the Two Hundredth Anniversary of the ratifica- 
tion by North Carolina of the United States Constitution. (Res. 4) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Barker for the Marine Resources and Wildlife Committee: 

S.B. 130, a bill to prohibit the dumping of infectious waste products into the open 
waters of the Atlantic Ocean and State waters and to strengthen the solid waste pro- 
gram, with an unfavorable report as to bill but favorable as to Committee Substitute 
bill. 

On motion of Senator Barker, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read S.B. 130 (Committee Substitute), a bill to 
prohibit the dumping of medical waste products into the open waters of the Atlantic 
Ocean and State waters and to strengthen the solid waste program, is placed before the 
Senate for immediate consideration. 

On motion of Senator Barker, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Judiciary I Committee. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

H.B. 86, a bill to require confidentiality for interstate bank acquisition records and 
publication of notice of application of interstate banking acquisition, with a favorable 
report. 

On motion of Senator Staton, the bill, is placed on the Calendar for Tuesday, 
March 7. 

H.B. 87, a bill to require the registration under the North Carolina Bank Holding 
Company Act of bank holding companies controlling directly or indirectly nonbank 
subsidiaries operating in North Carolina, with a favorable report. 

On motion of Senator Staton, the bill, is placed on the Calendar for Tuesday, 
March 7. 

By Senator Swain for the Judiciary I Committee: 

S.B. 91, a bill to require notification of victims that a parole decision is pending, 
with a favorable report, as amended. 

On motion of Senator Swain, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 



March 2, 1989 



1989] SENATE JOURNAL 127 

On motion of Senator Swain, the bill, as amended, is ordered engrossed and re-re- 
ferred to the Appropriations Committee. 

S.B. 140, a bill to prohibit local alcohol beverage control boards from purchasing 
Tennessee spirituous liquor, with an unfavorable report. 

By Senator Soles for the Judiciary II Committee: 

S.B. 77, a bill to make the possession of any amount of cocaine a felony, with a 
favorable report. 

On motion of Senator Soles, the bill is placed on the Calendar for Tuesday, March 
7. 

S.B. 170, a bill to provide a definition of machine gun and submachine gun, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the Calendar 
for Tuesday, March 7. 

By Senator Sherron for the State Government Committee: 

S.B. 104, a bill to establish a certification program for sanitary sewage systems 
contractors, to require certification of sanitary sewage contractors, and to establish a 
statewide fee schedule for improvement permits, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill 

On motion of Senator Sherron, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Sherron, the Committee Substitute bill, is re-referred to the 
Finance Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Smith: 

S.B. 332, a bill to conform State gas pipeline standards to the newly enacted 
amendments to the Federal Natural Gas Pipeline Safety Act of 1968. 
Referred to Public Utilities Committee. 

By Senator Johnson of Cabarrus: 

S.B. 333, a bill to make dependents of law enforcement officers, rescue squad 
workers, and firemen, killed or permanently disabled in the line of duty eligible for 
free tuition at any of the constituent institutions of the University of North Carolina. 

Referred to Higher Education Committee and upon a favorable report re-re- 
ferred to Ways and Means Committee. 

By Senators Conder, Carpenter, Bryan, and Hardin: 

S.B. 334, a bill to regulate the terms of members of boards of trustees of Commu- 
nity Colleges. 

Referred to Higher Education Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



March 2, 1989 



128 SENATE JOURNAL [Session 

H.B. 8 (Committee Substitute), a bill to apply the Volunteer Rescue Fund Match- 
ing Grant Program to eligible EMS equipment of rescue units that provide emergency 
medical services. 

Referred to Insurance Committee. 

H.B. 85, a bill to allow sales commissions on initial bank stock offerings. 
Referred to Banks and Thrift Institutions Committee. 

H.B. 100, a bill to amend the New Motor Vehicles Warranties Act to provide that 
if a manufacturer resells a motor vehicle that was returned to it pursuant to Article 
15A of Chapter 20 of the General Statutes or any other State's applicable law, the 
manufacturer shall disclose the fact of return and the reason for return to the subse- 
quent purchaser. 

Referred to Judiciary II Committee. 

H.B. 128, a bill to require the Department of Administration to study the need for 
two State print shops. 

Referred to State Government Committee. 

H.B. 186, a bill to extend the corporate limits of the Town of Chadbourn. 
Referred to Local Government and Regional Affairs Committee. 

H.B. 197, a bill to amend the Charter of the City of Charlotte pertaining to fair 
housing. 

Referred to Local Government and Regional Affairs Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.R. 178 House of Representatives 

March 1, 1989 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to H.R. 178, "A HOUSE RESOLUTION TO ESTABLISH THE PROCE- 
DURE FOR NOMINATING AND ELECTING MEMBERS OF THE BOARD OF 
GOVERNORS OF THE UNIVERSITY OF NORTH CAROLINA", the House of 
Representatives has elected the following persons to the Board of Governors of the 
University of North Carolina: 

At Large Category 
R. Phillip Haire 
Ellen Sheffield Newbold 
Harold H. Webb 

Minority Party Category 
Asa T. Spaulding 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

WITHDRAWAL FROM COMMITTEE 

S.B. 130 (Committee Substitute), a bill to prohibit the dumping of medical waste 
products into the open waters of the Atlantic Ocean and State waters and to strengthen 
the solid waste program. 

On motion of Senator Basnight the rules are suspended and the Committee Substi- 
tute bill is taken from the Judiciary I Committee and is re-referred to the Judici- 
ary III Committee (41-4). 



March 2, 1989 



1989] SENATE JOURNAL 129 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 200, a bill to incorporate the Town of Sneads Ferry, as amended, upon third 
reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 47, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plyler, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 47. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

H.B. 151, a bill to prohibit the intentional sweeping of a deer area with lights or the 
intentional shining of lights on deer in Richmond County. 

On motion of Senator Barker, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
sent to the House of Representatives for concurrence in Senate Amendment No. 1. 

S.B. 3 (Committee Substitute), a bill to provide for a gubernatorial veto, as 
amended, upon third reading. 

Senator Cochrane offers Amendment No. 4. 

Senator Winner offers a motion that Amendment No. 4, do lie upon the table, 
seconded by Senator Taft. 

Senator Cobb calls for the "ayes" and "noes" on the motion to table Amendment 
No. 4. The call is sustained. 

The motion to table Amendment No. 4 prevails by roll-call vote, ayes 35, noes 13, 
as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Conder, Daniel, Ezzell, Guy, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Raynor, Richardson, Royall, Sands, Sherron, Soles, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, and Winner— 35. 

Voting in the negative: Senators Allran, Bryan, Carpenter, Chalk, Cobb, 
Cochrane, Daughtry, Goldston, Hardin, Johnson of Cabarrus, Kincaid, Shaw, and 
Simpson — 13. 

Amendment No. 4 lies upon the table. 

Senator Cobb offers Amendment No. 5. 

Senator Winner offers a motion that Amendment No. 5, do lie upon the table, 
seconded by Senator Kaplan. 

Senator Cobb calls for the "ayes" and "noes" on the motion to table Amendment 
No. 5. The call is sustained. 

The motion to table Amendment No. 5 prevails roll-call vote, ayes 36, noes 11, as 
follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Conder, Daniel, Ezzell, Goldston, Guy, Harris, Hunt of Durham, Hunt of Moore, 
Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Plyler, Raynor, Richardson, Royall, Sands, Sherron, Soles, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 36. 

Voting in the negative: Senators Allran, Bryan, Carpenter, Chalk, Cobb, 
Cochrane, Daughtry, Johnson of Cabarrus, Kincaid, Shaw, and Simpson— 11. 

Amendment No. 5 lies upon the table. 



March 2, 1989 



130 SENATE JOURNAL [Session 

Senator Kaplan offers Amendment No. 6. 

Senator Kaplan calls for the previous question, seconded by Senator Winner. 

Senator Kincaid calls for the "ayes" and "noes" on the call for the previous ques- 
tion. The call is sustained. 

The motion offered by Senator Kaplan to call the previous question prevails by roll- 
call vote, ayes 33, noes 15, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Conder, Ezzell, Guy, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Raynor, 
Richardson, Royall, Sands, Sherron, Soles, Speed, St a ton, Swain, Taft, Tally, 
Walker, Ward, and Winner— 33. 

Voting in the negative: Senators Allran, Bryan, Carpenter, Chalk, Cobb, 
Cochrane, Daniel, Daughtry, Goldston, Hardin, Johnson of Cabarrus, Kincaid, 
Odom, Shaw, and Simpson — 15. 

Senator Cobb calls for the "ayes" and "noes" on the motion to adopt Amendment 
No. 6. The call is sustained. 

Amendment No. 6 is adopted by roll-call vote, ayes 27, noes 21, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Block, Conder, Ez- 
zell, Harris, Hunt of Moore, Johnson of Wake, Kaplan, Marvin, Murphy, Plyler, 
Raynor, Richardson, Royall, Sands, Sherron, Soles, Speed, Staton, Swain, Taft, 
Tally, Walker, Ward, and Winner— 27. 

Voting in the negative: Senators Allran, Basnight, Bryan, Carpenter, Chalk, 
Cobb, Cochrane, Daniel, Daughtry, Goldston, Guy, Hardin, Hunt of Durham, 
Johnson of Cabarrus, Kincaid, Martin of Pitt, Martin of Guilford, Odom, Parnell, 
Shaw, and Simpson — 21. 

Senator Taft rises to a point of order relative to the appropriate time for a member to 
explain his vote, pursuant to Rule 36. 

The Chair rules that by precedent, the explanation of a vote should immediately 
follow the question on which the vote was taken. 

Senator Winner offers Amendment No. 7, which is adopted (44-4). 

Senator Ezzell calls the previous question, seconded by Senator Harris. The call is 
sustained (44-3). 

Receiving an affirmative three-fifths majority vote, the Committee Substitute bill, as 
amended, passes its third reading by roll-call vote, ayes 41, noes 6, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Par- 
nell, Plyler, Raynor, Sands, Shaw, Sherron, Simpson, Soles, Speed, Staton, Taft, 
Tally, Walker, Ward, and Winner— 41. 

Voting in the negative: Senators Ballance, Conder, Harris, Odom, Richardson, 
and Swain — 6. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the 
House of Representatives. 



H.B. 58, a bill to make conforming changes to the motor carrier fuel use tax so 
that a uniform tax reporting form may be adopted, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plyler, Raynor, Richardson, Sands, Shaw, Sherron, 
Simpson, Soles, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: None. 



March 2, 1989 



1989] SENATE JOURNAL 131 

The bill remains on the Calendar for Monday, March 6, for further consideration 
upon third reading. 

S.B. 183, a bill to transfer the authority to regulate the entry of LP gas service 
piping into a building from the Department of Agriculture to the North Carolina Build- 
ing Code Council. 

The bill passes its second (44-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 187, a bill to require that the State Department of Administration receive no- 
tices of local planning actions as to any territory covered by the Capital Planning Com- 
mission. 

The bill passes its second (43-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 162, a bill to expand the jurisdiction of the Legislative Ethics Committee, as 
amended, upon third reading. 

The bill, as amended, passes its third reading (42-0). 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

Senator Winner offers a motion that Rule 41 be suspended to allow a bill from the 
Environmental Review Commission to be filed, introduced, and referred to committee 
on Monday, March 6, which motion prevails. 

On motion of Senator Barnes, seconded by Senator Guy, the Senate adjourns at 
3:30 P.M. to meet Monday, March 6, at 8:00 P.M. 



THIRTY-FIRST DAY 



Senate Chamber, 
Monday, March 6, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable Robert C. Carpenter, Senator from Macon 
County, as follows: 

"God of infinite compassion and mercy, we recognize the truth of Your persistent 
love and acceptance. We recognize our frailties and limits in finding the inner har- 
mony and personal integrity for which our human hearts so ardently yearn. By the 
power of Your Spirit, Oh God, help us to turn to You and Your presence in the com- 
munity of faith for the reconciling power You alone can give. Heal the wounds and 
hurts which divide us. Renew our minds and hearts as people bound to You in cove- 
nant. Let us experience a genuine inner conversion from the uncertainties of our daily 
deliberations, so that we may live in the freedom of Your children, acknowledging the 
dominion of God's power in our lives. May we find in God's reconciliations an expe- 
rience of worship in spirit and in truth, so that we may ever proclaim our infinite praise 
of Your healing acceptance and transforming love. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
March 2, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



March 6, 1989 



132 SENATE JOURNAL [Session 

The President grants leaves of absence for tonight to Senators Taft and Winner. 

The President grants courtesies of the floor to C. Coolidge Murrow, former Senator 
from Guilford County. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Guy: 

S.B. 335, a bill to incorporate the Town of North Topsail Beach, subject to a refer- 
endum. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Simpson and Carpenter: 

S.B. 336, a bill to authorize community college tuition waiver for certain members 
of the Radio Emergency Association Citizens Team (REACT) . 

Referred to Higher Education Committee and upon a favorable report re- 
referred to Ways and Means Committee. 

By Senator Simpson: 

S.B. 337, a bill to permit certain Radio Emergency Associated Citizens Teams 
(REACT) vehicles to activate yellow lights while operating on the highways. 
Referred to Transportation Committee. 

By Senators Barker, Daniel, and Sherron: 

S.B. 338, a bill to require first time buyers of hunting licenses to complete a hunter 
safety course, and to require that such course be made available in the public schools 
of this State. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Education Committee. 

By Senators Barker, Daniel, Sherron, and Hardin: 

S.B. 339, a bill to establish uniformity in the regulation of roadside hunting. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Barker, Daniel, Sherron, and Hardin: 

S.B. 340, a bill granting greater law enforcement authority to wildlife protectors. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Barker, Daniel, and Sherron: 

S.B. 341, a bill to appropriate funds for the purchase of Lukens Island in Carteret 
County. 

Referred to Appropriations Committee. 

By Senator Barker: 

S.B. 342, a bill to provide for a primitive weapons season for deer and bear in 
Pamlico County. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Ward, Tally, Sands, Martin of Guilford, Carpenter, and Hardin: 
S.B. 343, a bill to create the Adolescent Pregnancy Prevention Commission and to 
provide for distributing money to adolescent pregnancy prevention projects. 

Referred to Children and Youth Committee and upon a favorable report re- 
referred to Appropriations Committee. 



March 6, 1989 



1989] SENATE JOURNAL 133 

By Senators Martin of Guilford, Ballance, Conder, Hunt of Durham, Hunt of 
Moore, Marvin, Murphy, Raynor, Richardson, Tally, and Walker: 

S.B. 344, a bill to mandate comprehensive health education in the public schools 
and to include in that curriculum family life education, pregnancy prevention educa- 
tion, and reproductive health education. 

Referred to Education Committee. 

By Senators Goldston, Plyler, Basnight, and Roy all: 

S.J.R. 345, a joint resolution requesting Congress to abolish the annual obligation 
ceilings established for the federal-aid highway programs. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Goldston, Plyler, Basnight, and Royall: 

S.J.R. 346, a joint resolution opposing the use of motor fuel tax for reduction of 
the federal deficit. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Conder, Plyler, Daniel, and Speed: 

S.B. 347, a bill to prohibit use of the State Highway Patrol name in soliciting ad- 
vertisements. 

Referred to Judiciary I Committee. 

By Senator Johnson of Cabarrus: 

S.B. 348, a bill to remove barriers to coverage in employer-sponsored group health 
plans. 

Referred to Insurance Committee. 

By Senators Simpson, Carpenter, and Hardin: 

S.B. 349, a bill to provide for the convening of a grand jury to investigate crimes 
involving children in the production or dissemination of obscenity. 
Referred to Judiciary I Committee. 

By Senator Daniel: 

S.B. 350, a bill to establish an additional full-time assistant district attorney in 
Judicial District Fifteen- A and to appropriate funds for the position. 

Referred to Judiciary II Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Taft and Martin of Pitt: 

S.B. 351, a bill to amend the Charter of the City of Greenville to provide that the 
City Council shall appoint the city clerk. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Staton and Carpenter: 

S.B. 352, a bill to increase the benefits under the National Guard Tuition Assis- 
tance Program. 

Referred to Appropriations Committee. 

Pursuant to the motion offered by Senator Winner on Thursday, March 2, the fol- 
lowing bill is presented to the Senate, read the first time, and disposed of as follows: 

By Senators Walker, Winner, Tally, Basnight, and Conder: 

S.B. 354, a bill to create the Department of Environment, Health, and Natural 
Resources and to provide for its organization, to consolidate environmental programs, 
to abolish the Department of Natural Resources and Community Development, to 
transfer the divisions, agencies, powers, duties, and functions of the Department of 
Natural Resources and Community Development, to provide for further study of envi- 
ronmental agency consolidation and reorganization, and to make conforming statutory 
changes. 

Referred to Environment and Natural Resources Committee. 



March 6, 1989 



134 SENATE JOURNAL [Session 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bill, which is read the first time and disposed of as follows: 

H.B. 209, a bill to further regulate consumer finance companies, their affiliates 
and subsidiaries, to require their registration under the Mortgage Banker/Broker Reg- 
istration Act, to allow consumer finance licensees to maintain their records out of 
state, and to make various technical amendments. 

Referred to Banks and Thrift Institutions Committee. 

EXECUTIVE ORDERS 

Executive Orders received are presented to the Senate, read, and referred to com- 
mittee, as follows: 

Executive Order No. 85, Amending Executive Order No. 53 Governor's Inter- 
agency Advisory Team on Alcohol and Other Drug Abuse. 
Referred to Judiciary I Committee. 

Executive Order No. 86, Minimization of Solid, Hazardous, and Infectious 
Waste and the Control of Toxic Air Pollutants. 

Referred to Environment and Natural Resources Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 192, a bill to allow the City of Lumberton to regulate the abandonment of 
junked motor vehicles. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted, changing 
the title. 

Senator Sherron offers Amendment No. 2 which is adopted further changing the 
title to read, S.B. 192, a bill to allow the City of Lumberton and the Town of Erwin 
and municipalities in Franklin County to regulate the abandonment of junked motor 
vehicles. 

Senator Ward offers Amendment No. 3 which is adopted. 

On motion of Senator Parnell, the bill, as amended, is recommitted to the Local 
Government and Regional Affairs Committee. 

H.B. 58, a bill to make conforming changes to the motor carrier fuel use tax so 
that a uniform tax reporting form may be adopted, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, Swain, 
Tally, Walker, and Ward— 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

March 6, 1989 



1989] SENATE JOURNAL 135 

S.B. 38 House of Representatives 

(Committee Substitute) March 6, 1989 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
the House has adopted the report of the Conferees on Comm. Sub. S.B. No. 38, A 
BILL TO BE ENTITLED AN ACT TO MAKE AN EMERGENCY APPROPRIA- 
TION FOR CORRECTIONAL PROGRAMS AND PROJECTS, to the end that when 
a similar action has been taken on the part of the Senate, you may order the bill 
enrolled. 



Respectfully, 
S/Grace A. Collins 
Principal Clerk 



CONFERENCE REPORT 

S.B. 38 (Committee Substitute) 

Senator Royall, for the Conferees appointed to consider the differences arising be- 
tween the Senate and House of Representatives on S.B. 38 (Committee Substitute), a 
bill to make an emergency appropriation for correctional programs and projects, sub- 
mits the following report: 

To the President of the Senate and the 
Speaker of the House of Representatives: 

We, your conferees, appointed to resolve the differences arising between the Senate 
and the House of Representatives on Committee Substitute for Senate Bill 38, A BILL 
TO MAKE AN EMERGENCY APPROPRIATION FOR CORRECTIONAL PRO- 
GRAMS AND PROJECTS, wish to report as follows: The Senate concurs in House 
Amendment #1 and the Senate and House agree to the following amendment in lieu of 
House Amendment #2: 

on page 3, line 13 

adding after the word "Management" the following: 

"shall have a verifiable ten percent (10%) goal for participation by minority busi- 
nesses' however it" 

To this end, the conferees recommend that the Senate and House of Representatives 
adopt the foregoing report. 

This the 1st day of March, 1989. 

S/Kenneth C. Royall, Jr. S/Thomas C. Hardaway 

S/David Parnell S/Doris Huffman 

S/Robert Swain S/Fred Bowman 

S/Helen Marvin S/Jack Hunt 

S/James C. Johnson S/Harold Brubaker 

S/James Richardson S/Anne Barnes 

Conferees on the part Conferees on the part of the 

of the Senate House of Representatives 

On motion of Senator Royall, the Conference Report is adopted (45-0) and the 
Committee Substitute bill is ordered enrolled. A message is ordered sent to the House 
of Representatives informing that Honorable Body of such action. 



March 6, 1989 



136 SENATE JOURNAL [Session 

The President recognizes the following pages serving in the Senate this week: 

John M. Betts, Raleigh; Kristin M. Boles, Winston-Salem; Hope Lee Boykin, 
Durham; Culley C. Carson IV, Durham; William Hyde Choate Jr., Hickory; Carla 
Denise Cole, Concord; Grey Cole, Raleigh; Kelly Crisp, Fayetteville; Christopher 
Gerald Daniels, Reidsville; Laura Hillhouse, Burlington; Chyla Taye Hunter, 
Murfreesboro; Kevin G. Kilgore, Henderson; Megan C. LaBounty, Charlotte; Leigh 
Ann McCluskey, Garner; Laura McKee, Burlington; John Wesley Odom, Murphy; 
Jennifer Elizabeth Poppe, Knightdale; John Scarborough, Raleigh; Jonathan Baer 
Simon, Charlotte; Tony Haywood Simmons, Ahoskie; Peter Warren Singer, Char- 
lotte; Darren Livingston Stelle, Cary; Carole C. Stokes, Ayden; Kathryn Taft, 
Raleigh; Patrick Lewis Tracy, Charlotte; Kristi Jo Warren, Garner; Brent Gregory 
Watkins, Henderson; Kimberly Leigh Westmoreland, Raleigh; and Michael Work- 
man, Burlington. 

On motion of Senator Barnes, seconded by Senator Harris, the Senate adjourns at 
8:32 P.M. to meet tomorrow, March 7, at 1:30 P.M. 






THIRTY-SECOND DAY 



Senate Chamber, 
Tuesday, March 7, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Most Gracious God, before we turn our hands to the task of another legislative 
day, we would turn our hearts to Thee, to find grace and strength sufficient for our 
opportunities. 

"Let not our hearts harbor anything that might embarrass Thy presence; nor would 
we keep any corner of our lives closed to Thee. 

"Rather, we welcome any influence of Thy good Spirit upon us. Speak Thou in our 
words, think in our thoughts, and work Thy will and ways in all our deeds, for Thou 
art God, and beside Thee is none other. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 6, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Parnell, who is attend- 
ing a business meeting. 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Soles for the Judiciary II Committee: 

S.B. 221, a bill to provide that it is unlawful to give or change a student's grade in 
exchange for an item of value or money, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 



March 7, 1989 



1989] SENATE JOURNAL 137 

On motion of Senator Soles, the Committee Substitute bill is placed on the Calendar 
for Thursday, March 9. 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 305, a bill to clarify the ownership of property used by the Administrative 
Rules Review Commission and to give the Commission computer access to the Admin- 
istrative Code, with a favorable report. 

H.B. 14 (Committee Substitute), a bill to simplify the assignment of the year's 
allowance to the surviving spouse and certain surviving children of the deceased, when 
the allowance is assigned by a magistrate, with a favorable report. 

By Senator Murphy for the Higher Education Committee: 

S.B. 177, a bill to extend the energy policy for State agencies concerning construc- 
tion of buildings or renovation of major buildings to community college facilities, with 
a favorable report. 

S.B. 180, a bill to provide for the adjustment and resolution of construction con- 
tract claims for community college construction, with a favorable report. 

S.B. 182, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion, with a favorable report. 

On motion of Senator Murphy, the bill is re-referred to the State Government 
Committee. 

By Senator Hunt of Durham for the Small Business Committee: 

S.B. 119, a bill to repeal the privilege license tax for flea market vendors, to in- 
crease the tax for flea market operators, to exempt governmental entities from the tax, 
to redefine flea markets as "speciality markets", and to increase the penalty for cer- 
tain violations, with a favorable report. 

On motion of Senator Hunt of Durham, the bill is re-referred to the Finance 
Committee. 

S.B. 196, a bill to provide an income tax credit for property taxes paid on leased 
nonbusiness personal property, with a favorable report. 

On motion of Senator Hunt of Durham, the bill is re-referred to the Finance 
Committee. 

S.B. 197, a bill to require food service workers who handle unwrapped food to wear 
gloves or use a utensil when handling unwrapped food, with a favorable report, as 
amended. 

On motion of Senator Hunt of Durham, the bill is re-referred to the Human Re- 
sources Committee. 

By Senator Raynor for the Veterans Affairs, Law Enforcement, and Senior 
Citizens Committee: 

H.B. 107 (Committee Substitute), a bill to provide for specialized plates for recipi- 
ents of the Purple Heart Award, with a favorable report. 

On motion of Senator Raynor, the bill is re-referred to the Finance Committee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



March 7, 1989 



138 SENATE JOURNAL [Session 

By Senators Shaw, Cochrane, Hardin, and Carpenter: 

S.B. 353, a bill to establish the North Carolina Fund for Children and Families, 
provide for its governance, and permit the allocation of corporate and individual in- 
come tax refunds to the Fund. 

Referred to Children and Youth Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senators Daughtry, Martin of Pitt, Smith, Sherron, Speed, Shaw, Johnson of 
Wake, Carpenter, Hardin, and Cochrane: 

S.B. 355, a bill to increase the monthly pensions for members of the State's Fire- 
men's and Rescue Squad Workers' Pension Fund. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senator Sands: 

S.B. 356, a bill to repeal the separate Reidsville Firemen's Supplemental Retire- 
ment Fund. 

Referred to Pensions and Retirement Committee. 

By Senators Sands, Richardson, and Odom: 

S.B. 357, a bill to increase the amount of bail bond an automobile club may post. 

Referred to Transportation Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 106, a bill to expand the Bladen County Board of Education from five to nine 
members, and to provide for their nomination and election under a mixed electoral 
system. 

Referred to Education Committee. 

H.B. 180, a bill to make technical changes in the law regarding surveys of historic 
properties. 

Referred to State Government Committee. 

H.B. 219, a bill to restrict review and renewal of annual overweight permits to once 
annually. 

Referred to Transportation Committee. 

H.B. 221, a bill to allow one additional appointment to the Board of a soil and 
water conservation district when the district is composed of four or more counties. 
Referred to State Government Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 77, a bill to make the possession of any amount of cocaine a felony. 
The bill passes its second (46-1) and third readings. 

The following Senators request to be recorded voting "aye" on the third reading of 
the bill: Senators Taft, Bryan, Kincaid, Simpson, Staton, and Royall. 
The bill is ordered sent to the House of Representatives. 

S.B. 170 (Committee Substitute), a bill to provide a definition of machine gun and 
submachine gun. 

Senator Simpson offers Amendment No. 1. 



March 7, 1989 



1989] SENATE JOURNAL 139 

Senator Barker offers a motion that the Committee Substitute bill, with Amendment 
No. 1 pending, be re-referred to the Marine Resources and Wildlife Commit- 
tee. 

Senator Cobb rises to a point of order as to the ensuing debate of Senator Bryan not 
addressing the motion to re-refer to Committee. 

The Chair sustains the point of order and Senator Bryan relinquishes the floor. 

The motion offered by Senator Barker prevails and the Chair orders the Committee 
Substitute bill, with Amendment No. 1 pending, re-referred to the Marine Re- 
sources and Wildlife Committee. 

H.B. 86, a bill to require confidentiality for interstate bank acquisition records and 
publication of notice of application of interstate banking acquisition. 

The bill passes its second (48-0) and third readings and is ordered enrolled. 

H.B. 87, a bill to require the registration under the North Carolina Bank Holding 
Company Act of bank holding companies controlling directly or indirectly nonbank 
subsidiaries operating in North Carolina. 

The bill passes its second (48-0) and third readings and is ordered enrolled. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 58, an act to make conforming changes to the motor carrier fuel use tax so 
that a uniform tax reporting form may be adopted. (Ch. 7) 

S.B. 38, an act to make an emergency appropriation for correctional programs and 
projects. (Ch. 8) 

On motion of Senator Barnes, seconded by Senator Guy, the Senate adjourns at 
2:27 P.M. to meet tomorrow, March 8, at 1:00 P.M. 



THIRTY-THIRD DAY 






Senate Chamber, 
Wednesday, March 8, 1989. 



The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable A. D. Guy, Senator from Onslow County, as 
follows: 

"Kind Heavenly Father, we come today with grateful and thankful hearts — thankful 
for the continuation of our lives and the privilege of serving our fellow man. We pray 
that Thy would guide us today in all of our deliberations and help us to keep our com- 
mitment to You and to our fellow man, realizing that we are truly our brother's 
keeper. Now, as we go about the business of the people of the State of North Caro- 
lina, may our decisions be those that will be pleasing in Your sight. We thank you 
again for all the gifts that come our way every day, and we ask that You, in this 
process, forgive us of our mistakes and our sins. In Thy Name, we pray. Amen." 



March 8, 1989 



140 SENATE JOURNAL [Session 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 7, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 86, an act to require confidentiality for interstate bank acquisition records and 
publication of notice of application of interstate banking acquisition. (Ch. 9) 

H.B. 87, an act to require the registration under the North Carolina Bank Holding 
Company Act of bank holding companies controlling directly or indirectly nonbank 
subsidiaries operating in North Carolina. (Ch. 10) 

The President announces his departure from the Senate Chamber for the purpose of 
attending the meeting of the State Board of Education, and directs Senator Barnes, 
President Pro Tempore, to approach the dais and relinquishes the gavel to him. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 331, a joint resolution honoring the founders of Elon College and com- 
memorating its Centennial, with a favorable report. 

By Senator Harris for the Human Resources Committee: 

S.B. 288, a bill to establish a statewide and a community-based AIDS prevention 
and education program, with a favorable report. 

On motion of Senator Harris, the bill is re-referred to the Appropriations Com- 
mittee. 

H.B. 174, a bill to provide for nursing home patient's right to notification when the 
facility's license is revoked or made provisional, with a favorable report, as amended. 

By Senator Rauch for the Finance Committee: 

■ 

S.B. 28, a bill to allow the Board of Equalization and Review to adjourn on Decem- 
ber 1 in the year of a county revaluation of real property, with a favorable report. 

H.B. 4, a bill to update the reference to the Internal Revenue Code used to deter- 
mine certain taxable income and tax exemptions, with a favorable report. 

H.B. 5, a bill to make technical changes to the revenue laws, with a favorable 
report . 

By Senator Sherron for the State Government Committee: 

S.B. 179, a bill to correct the Statutes requiring that certain buildings involving 
public funds be designed by an architect or engineer, with a favorable report. 



March 8, 1989 



1989] SENATE JOURNAL 141 

S.B. 184, a bill to make evaluation by the State Building Commission of prior State 
work a factor affecting the award of contracts for State capital projects, with a favor- 
able report. 

S.B. 186, a bill to authorize the State Building Commission to adopt rules regarding 
the qualifications and experience of consultants selected for capital improvement pro- 
jects, and to clarify the requirement that a designer for projects be selected within 60 
days, with a favorable report. 

By Senator Barker for the Marine Resources and Wildlife Committee: 

H.B. 36 (Committee Substitute), a bill to require that cumulative impact be consid- 
ered prior to issuing CAM A water pollution control permits, with a favorable report, 
as amended. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Basnight, Barker, and Taft: 

S.B. 358, a bill to extend the time period for the return of purchaser's payments 
under the Time Share Act. 

Referred to Judiciary III Committee. 

By Senators Basnight, Barker, and Taft: 

S.B. 359, a bill to require beverage container yokes to be degradable. 

Referred to Environment and Natural Resources Committee. 

By Senator Tally (By Request) : 

S.B. 360, a bill to establish the North Carolina Coastal Reserve System. 

Referred to Environment and Natural Resources Committee. 

By Senators Plyler, Martin of Pitt, Conder, and Taft: 

S.B. 361, a bill to appropriate funds for a geography based curriculum program in 
the public schools. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 362, a bill to appropriate funds for general operations and services to individu- 
als with cerebral palsy in the United Cerebral Palsy group homes and developmental 
centers. 

Referred to Appropriations Committee. 

By Senator Barker: 

S.B. 363, a bill to appropriate funds for preservation of the Old Town Beaufort 
history site in Carteret County. 

Referred to Appropriations Committee. 

_ 
By Senator Barker: 

S.B. 364, a bill to appropriate funds for the purchase of the Harborside Building. 
Referred to Appropriations Committee. 

By Senator Barker: 

S.B. 365, a bill to appropriate funds for additional operating funds at the North 
Carolina Maritime Museum. 

Referred to Appropriations Committee. 



March 8, 1989 



142 SENATE JOURNAL [Session 

By Senators Marvin, Ballance, Barker, Basnight, Block, Conder, Daniel, Ezzell, 
Guy, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of 
Pitt, Martin of Guilford, Murphy, Odom, Parnell, Rauch, Raynor, Richardson, 
Sands, Sherron, Soles, Speed, Swain, Taft, Tally, Walker, and Ward: 

S.B. 366, a bill to establish a new salary schedule for certified personnel of the 
North Carolina public schools. 

Referred to Appropriations Committee. 

By Senators Winner and Cochrane: 

S.J.R. 367, a joint resolution requesting the Legislative Research Commission to 
study the need for comprehensive groundwater legislation to adequately protect the 
groundwater resources of North Carolina. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senator Block: 

S.J.R. 368, a joint resolution honoring Albert Schweitzer by proclaiming Albert 
Schweitzer Week. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Hunt of Durham: 

S.B. 369, a bill to appropriate funds to the Department of the Secretary of State to 
design, program, and implement a computerized applicant tracking system for the 
Business License Information Office. 

Referred to Appropriations Committee. 

By Senator Guy, Allran, Ballance, Barker, Block, Carpenter, Chalk, Cochrane, 
Conder, Daniel, Daughtry, Ezzell, Goldston, Hardin, Harris, Hunt of Durham, Hunt 
of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Walker, Ward, and Winner. 

S.B. 370, a bill to require a person to resign from State or local office if he or she 
seeks another public office the term of which runs concurrently with that of the office 
he is holding. 

Referred to Election Laws Committee. 

By Senator Shaw: 

S.B. 371, a bill to transfer jurisdiction over public or community sanitary sewage 
systems from the Environmental Management Commission to the Commission for 
Health Services. 

Referred to Environment and Natural Resources Committee. 

By Senator Shaw: 

S.B. 372, a bill to require certification of operators of sanitary sewage systems un- 
der the jurisdiction of the Department of Human Resources. 

Referred to Environment and Natural Resources Committee. 

By Senators Rauch, Marvin, and Harris: 

S.B. 373, a bill to appropriate funds for capital improvements, renovations, and 
operating expenses of the Schiele Museum of Natural History and Planetarium in Gas- 
ton County. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions,, which are read the first time and disposed of as follows: 



March 8, 1989 



1989] SENATE JOURNAL 143 

H.B. 109, a bill ratifying the 24th Amendment to the Constitution of the United 
States of America, providing that the right to vote shall not be denied or abridged 
because of the failure to pay a poll tax. 

Referred to Constitution Committee. 

H.B. 126, a bill to implement the recommendation of the Joint Legislative Utility 
Review Committee to extend the expiration date of the fuel charge adjustment provi- 
sions of the General Statutes. 

Referred to Public Utilities Committee. 

H.B. 207, a bill to change the Piedmont Triad Farmers Market to the Piedmont 
Agricultural Marketing and Processing Center. 
Referred to Agriculture Committee. 

H.J.R. 392, a joint resolution honoring the One Hundredth Anniversary of the 
Town of Blowing Rock and the memory of its founders. 

On motion of Senator Sands, and the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second (49-0) and third readings and is ordered en- 
rolled. 

REPORT FROM THE 
NORTH CAROLINA HEALTH INSURANCE TRUST COMMISSION 

Pursuant to G.S. 58A-1 as required by G.S. 58A-3(b)(ll), the Report from the 
North Carolina Health Insurance Trust Commission is presented to the Senate. The 
Senate accepts the Report, which is placed on file in the Legislative Library. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 177, a bill to extend the energy policy for State agencies concerning construc- 
tion of buildings or renovation of major buildings to community college facilities. 

The bill passes its second (48-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 180, a bill to provide for the adjustment and resolution of construction con- 
tract claims for community college construction. 

The bill passes its second (49-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 305, a bill to clarify the ownership of property used by the Administrative 
Rules Review Commission and to give the Commission computer access to the Admin- 
istrative Code. 

The bill passes its second (49-0) and third readings and is ordered sent to the House 
of Representatives. 

H.B. 14 (Committee Substitute), a bill to simplify the assignment of the year's 
allowance to the surviving spouse and certain surviving children of the deceased, when 
the allowance is assigned by a magistrate. 

The Committee Substitute bill passes its second (49-0) and third readings and is 
ordered enrolled. 



March 8, 1989 



144 SENATE JOURNAL [Session 

On motion of Senator Royall, seconded by Senator Rauch, the Senate adjourns at 
1:36 P.M. to meet tomorrow, March 9, at 1:30 P.M. 



THIRTY-FOURTH DAY 

Senate Chamber, 
Thursday, March 9, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Oh God, Whom people of different persuasions call by different names, and yet, 
on Whom we all alike rely in diversity, we acknowledge that some call You Allah; 
some call You Elohim; some call You Jehovah; some call you Brahma; some call You 
the Unmoved Mover. 

"Many of us call You the God and Father of our Lord, Jesus Christ. Regardless of 
the name, in oneness of praise and need, we bow the knee of our hearts before Thee 
from Whom every family in heaven and earth is named, and pray for peace. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 8, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senators Royall and Cobb, who 
are attending the National Conference of State Legislatures in Washington, D.C., and 
to Senator Johnson of Wake. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 14 (Committee Substitute), an act to simplify the assignment of the year's 
allowance to the surviving spouse and certain surviving children of the deceased, when 
the allowance is assigned by a magistrate. (Ch. 11) 

H.J.R. 392, a joint resolution honoring the One Hundredth Anniversary of the 
Town of Blowing Rock and the memory of its founders. (Res. 5) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Block for the Pensions and Retirement Committee: 

S.B. 64, a bill to amend the law regarding retirement as it applies to the Charlotte/ 
Mecklenburg Public Broadcasting Authority, with a favorable report. 

On motion of Senator Block, the bill is re-referred to the Appropriations Com- 
mittee. 



March 9, 1989 



1989] SENATE JOURNAL 145 

By Senator Guy for the Public Utilities Committee: 

H.B. 126, a bill to implement the recommendation of the Joint Legislative Utility 
Review Committee to extend the expiration date of the fuel charge adjustment provi- 
sions of the General Statutes, with a favorable report. 

By Senator Soles for the Judiciary II Committee: 

H.B. 99, a bill to amend the New Motor Vehicles Warranties Act to provide that 
any express warranty of a new motor vehicle stated in terms of a certain number of 
miles shall begin to accrue from the mileage on the odometer at the date of original 
delivery to the consumer, with a favorable report. 

On motion of Senator Soles, the bill is placed on the Calendar for Tuesday, 
March 14. 

H.B. 100, a bill to amend the New Motor Vehicles Warranties Act to provide that 
if a manufacturer resells a motor vehicle that was returned to it pursuant to Article 
15A of Chapter 20 of the General Statutes or any other State's applicable law, the 
manufacturer shall disclose the fact of return and the reason for return to the subse- 
quent purchaser, with a favorable report, as amended. 

On motion of Senator Soles, the bill is placed on the Calendar for Tuesday, 
March 14. 

By Senator Taft for the Election Laws Committee: 

H.B. 129, a bill expanding the Siler City Board of Commissioners and changing the 
method by which the Board is elected, with a favorable report. 

On motion of Senator Taft, the bill is placed on the Calendar for Tuesday, 
March 14. 

By Senator Conder for the Education Committee: 

H.B. 53, a bill to provide for the North Carolina Teacher of the Year to serve as an 
advisory member to the State Board of Education, with a favorable report. 

On motion of Senator Conder, the bill is placed on the Calendar for Tuesday, 
March 14. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

H.B. 85, a bill to allow sales commissions on initial bank stock offerings, with a 
favorable report. 

On motion of Senator Staton, the bill is placed on the Calendar for Tuesday, 
March 14. 

H.B. 209, a bill to further regulate consumer finance companies, their affiliates 
and subsidiaries, to require their registration under the Mortgage Banker/Broker Reg- 
istration Act, to allow consumer finance licensees to maintain their records out of 
state, and to make various technical amendments, with a favorable report. 

On motion of Senator Staton, the bill is placed on the Calendar for Tuesday, 
March 14. 

By Senator Swain for the Judiciary I Committee: 

S.B. 330, a bill to eliminate the requirement that pawnbrokers be licensed, with a 
favorable report. 

On motion of Senator Swain, the bill is placed on the Calendar for Tuesday, 
March 14. 

S.B. 347, a bill to prohibit use of the State Highway Patrol name in soliciting ad- 
vertisements, with a favorable report. 

On motion of Senator Swain, the bill is placed on the Calendar for Tuesday, 
March 14. 



March 9, 1989 



146 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Kaplan: 

S.B. 374, a bill to provide a shortened candidate filing period to reduce the length 
and expense of campaigning. 

Referred to Election Laws Committee. 

By Senators Simpson and Kincaid: 

S.B 375, a bill to provide increased sentences for crimes committed with ethnic 
animosity. 

Referred to Judiciary I Committee. 

By Senators Staton, Allran, Block, Bryan, Cobb, Ezzell, Harris, Hunt of Durham, 
Johnson of Wake, Kaplan, Marvin, Odom, Rauch, Ray nor, Richardson, Royall, 
Swain, Tally, Ward, and Winner: 

S.B. 376, a bill to appropriate funds for a grassroots science program by the Mu- 
seum of Natural Sciences to improve State programs in science education. 

Referred to Appropriations Committee. 

By Senators Staton, Royall, and Plyler: 

S.B. 377, a bill to authorize credit card banks, to amend the rate of interest and 
fees applicable to credit card accounts, open-end credit, and revolving charge ac- 
counts, and to repeal the prohibition against the use of credit card facilities to solicit 
contracts of insurance. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Block, Ballance, Barker, Chalk, Cochrane, Daniel, Guy, Harris, Hunt 
of Durham, Hunt of Moore, Johnson of Wake, Martin of Guilford, Marvin, Odom, 
Parnell, Raynor, Richardson, Royall, Sands, Shaw, Smith, Soles, Speed, Swain, 
Taft, Tally, Walker, and Winner: 

S.B. 378, a bill to preserve and promote competition in the retail sales of household 
furniture. 

Referred to Manufacturing and Labor Committee. 

By Senators Daniel, Ballance, Barker, Basnight, Conder, Guy, Hunt of Durham, 
Martin of Pitt, Odom, Parnell, Raynor, Speed, Staton, Taft, Tally, and Winner: 

S.B. 379, a bill to limit the forestry exemption under sedimentation pollution con- 
trol laws to forestry activities using best management practices. 

Referred to Environment and Natural Resources Committee. 

By Senators Daniel, Ballance, Carpenter, Daughtry, Goldston, Odom, Plyler: 
S.B. 380, a bill to make amendments to the alcoholic beverage control laws. 
Referred to Alcoholic Beverage Control Committee. 

By Senator Staton: 

S.B. 381, a bill to permit minors to lease safe deposit boxes. 

Referred to Banks and Thrift Institutions Committee. 

By Senator Sherron: 

S.B. 382, a bill to expand the list of offices and departments receiving summer 
interns allocated by the North Carolina Internship Council of the Department of Ad- 
ministration. 

Referred to State Government Committee. 

By Senators Raynor, Allran, Ballance, Barker, Basnight, Block, Bryan, Carpen- 
ter, Daniel, Ezzell, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson 



March 9, 1989 



1989] SENATE JOURNAL 147 

of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Marvin, Mur- 
phy, Odom, Parnell, Plyler, Richardson, Sands, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Ward, and Winner: 

S.B. 383, a bill to broaden coverage under the State scholarship program for Chil- 
dren of War Veterans and establish entitlement termination dates. 

Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee and upon a favorable report re-referred to Appropriations Commit- 
tee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 21, a bill to change the composition of the North Carolina Council on the 
Holocaust. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to Rules and Operation of the Senate Committee. 

H.B. 70 (Committee Substitute), a bill to require that the Division of Aging provide 
for the coordination of existing data regarding the elderly and to require that all State 
agencies and entities possessing such data cooperate with the Division. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to Human Resources Committee. 

H.B. 74 (Committee Substitute), a bill to require the Division of Aging to be the 
information clearinghouse regarding education and training programs about and for 
the elderly in North Carolina. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to Human Resources Committee. 

H.B. 88, a bill to repeal the prohibition of the manufacture and sale of liquor in the 
Town of Linden. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to Alcoholic Beverage Control Committee. 

H.B. 239, a bill to amend the Charter of the City of Charlotte with respect to the 
Zoning Board of Adjustment. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to Local Government and Regional Affairs Committee. 

H.B. 269, a bill to adopt the council-manager form of government for the Town of 
Topsail Beach, retroactive from when the Town established it. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to Local Government and Regional Affairs Committee. 

H.B. 285, a bill to make evaluation by the State Building Commission of prior 
State work a factor affecting the award of contracts for State capital projects. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to State Government Committee. 

S.B. 52 (Committee Substitute), a bill to clarify that business brokers are not secu- 
rities dealers, for concurrence in House Amendment No. 1, which is placed on the 
Calendar for Monday, March 13. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



March 9, 1989 



148 SENATE JOURNAL [Session 

H.B. 4, a bill to update the reference to the Internal Revenue Code used to deter- 
mine certain taxable income and tax exemptions, upon second reading. 

On motion of Senator Winner, the bill is re-referred to the Rules and Operation 
of the Senate Committee. 

H.B. 5, a bill to make technical changes to the revenue laws, upon second reading. 
On motion of Senator Winner, the bill is re-referred to the Rules and Operation 
of the Senate Committee. 

S.B. 28, a bill to allow the Board of Equalization and Review to adjourn on Decem- 
ber 1 in the year of a county revaluation of real property. 

On motion of Senator Rauch, consideration of the bill is postponed until Monday, 
March 13. 

S.B. 179, a bill to correct the Statutes requiring that certain buildings involving 
public funds be designed by an architect or engineer. 

The bill passes its second (46-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 184, a bill to make evaluation by the State Building Commission of prior State 
work a factor affecting the award of contracts for State capital projects. 

The bill passes its second (45-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 186, a bill to authorize the State Building Commission to adopt rules regarding 
the qualifications and experience of consultants selected for capital improvement pro- 
jects, and to clarify the requirement that a designer for projects be selected within 60 
days. 

The bill passes its second (46-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 221 (Committee Substitute), a bill to provide that it is unlawful to give or 
change a student's grade in exchange for an item of value or money. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives. 

S.J.R. 331, a joint resolution honoring the founders of Elon College and com- 
memorating its Centennial. 

On motion of Senator Daniel, consideration of the joint resolution is postponed until 
Monday, March 13. 

H.B. 36 (Committee Substitute), a bill to require that cumulative impact be consid- 
ered prior to issuing CAM A water pollution control permits. 

On motion of Senator Winner, the Committee Substitute bill is re-referred to the 
Rules and Operation of the Senate Committee. 

H.B. 174, a bill to provide for nursing home patient's right to notification when the 
facility's license is revoked or made provisional. 

On motion of Senator Winner, the bill is re-referred to the Rules and Operation 
of the Senate Committee. 

On motion of Senator Barnes, seconded by Senator Taft, the Senate adjourns at 
2:17 P.M. to meet Monday, March 13, at 8:00 P.M. 



March 9, 1989 



1989] SENATE JOURNAL 149 

THIRTY-FIFTH DAY 

Senate Chamber, 
Monday, March 13, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Eternal God, Who Thyself art the source of all truth and wisdom, this evening, we 
pray for the members of the press and the media. It is so easy to criticize them, 
forgetting that we, ourselves, are sinners and probably more than they handle the truth 
carelessly. Accept our gratitude on their behalf, and enable them to fulfill their mis- 
sion in meaningful and wise ways on behalf of this city set on a hill. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
March 9, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Johnson of Cabarrus, 
whose attendance is required in court and to Senator Ballance. (It is noted that Sena- 
tor Ballance is present for a portion of tonight's Session.) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Speed: 

S.B. 384, a bill to annex areas lying within the corporate boundaries of the Town of 
Louisburg to that Town. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Walker: 

S.B. 385, a bill to clarify the corporate limits of the Town of Ramseur. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Smith and Harris: 

S.B. 386, a bill to regulate public swimming pools. 

Referred to Human Resources Committee. 

By Senators Martin of Pitt, Cochrane, and Daughtry: 

S.B. 387, a bill to establish a Stream Watch Program in the Department of Natural 
Resources and Community Development. 

Referred to Environment and Natural Resources Committee. 

By Senator Martin of Pitt: 

S.B. 388, a bill to appropriate funds for program administration for product grad- 
ing. 

Referred to Appropriations Committee. 

By Senators Tally, Marvin, Ward, Sherron, Taft, Raynor, Walker, Ballance, Mar- 
tin of Guilford, Hunt of Moore, and Shaw: 

S.B. 389, a bill to appropriate funds for the Community Based Alternatives Pro- 
gram. 

Referred to Appropriations Committee. 



March 13, 1989 



150 SENATE JOURNAL [Session 

By Senators Marvin, Rauch, and Harris: 

S.B. 390, a bill to appropriate additional funds for lead regional organizations. 

Referred to Appropriations Committee. 

By Senator Staton: 

S.B. 391, a bill to modify the Funeral and Burial Trust Funds Act. 

Referred to Judiciary II Committee. 

By Senator Staton: 

S.B. 392, a bill to eliminate unnecessary requirements for the Environmental Man- 
agement Commission to classify sources of air pollution. 

Referred to Environment and Natural Resources Committee. 

By Senators Hunt of Moore, Marvin, and Walker: 

S.B. 393, a bill to appropriate funds to the Department of Human Resources for the 
purpose of reimbursing hospitals and other health care providers for essential inpatient 
and outpatient health and medical services provided to migrant farm workers and their 
dependents while in North Carolina. 

Referred to Appropriations Committee. 

By Senator Winner: 

S.B. 394, a bill to provide for the posting of a bond or other security to ensure 
compliance with special orders of the Environmental Management Commission. 
Referred to Environment and Natural Resources Committee. 

By Senator Simpson: 

S.B. 395, a bill to authorize Burke County to levy a room occupancy and tourism 
development tax. 

Referred to Finance Committee. 

By Senator Simpson: 

S.B. 396, a bill to make conforming changes required by the Federal Truth in Mile- 
age Act and to increase the penalty for odometer fraud. 

Referred to Transportation Committee and upon a favorable report re-referred 
to Judiciary I Committee. 

By Senator Daniel: 

S.B. 397, a bill to permit pricing flexibility of competitive telecommunications serv- 
ices. 

Referred to Public Utilities Committee. 

By Senators Martin of Guilford, Ballance, Basnight, Block, Cochrane, Conder, 
Daniel, Daughtry, Guy, Harris, Hunt of Durham, Hunt of Moore, Kaplan, Martin of 
Pitt, Marvin, Parnell, Rauch, Richardson, Speed, Tally, Walker, and Ward: 

S.B. 398, a bill to provide for the regulation of ethnic harassment in public schools. 

Referred to Education Committee. 

By Senators Martin of Guilford and Richardson: 

S.B. 399, a bill to provide for the Uniform Reporting of Acts of ethnic harassment. 

Referred to Judiciary II Committee. 

By Senator Martin of Guilford: 

S.B. 400, a bill to appropriate additional funds for the operation of the Office of 
State Auditor. 

Referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 401, a bill to delete the requirement of categorizing hospitals as to the kinds 
and levels of emergency medical treatment available. 
Referred to Human Resources Committee. 



March 13, 1989 



1989] SENATE JOURNAL 151 

By Senator Basnight: 

S.B. 402, a bill to establish severe penalties for deliberately harvesting polluted 
shellfish and to increase fines for violations of marine fisheries statutes. 
Referred to Marine Resources and Wildlife Committee. 

By Senators Basnight and Conder: 

S.B. 403, a bill to permit one public school employee to be appointed to the State 
Board of Education. 

Referred to Education Committee. 

By Senators Hunt of Moore, Guy, Taft, Walker, Marvin, Tally, Staton, Speed, 
and Raynor: 

S.B. 404, a bill to provide for the relocation and care of those abandoned cemeter- 
ies selected for relocation by the Archaeology and Historic Preservation Section of the 
Department of Cultural Resources. 

Referred to Judiciary III Committee and upon a favorable report re-referred to 
Appropriations Committee. 

REPORT FROM THE NORTH CAROLINA 
DEPARTMENT OF PUBLIC INSTRUCTION 

Pursuant to H.B. 2641, Section 97.3 of the 1988 Session of the 1987 General As- 
sembly, the North Carolina Department of Public Instruction presents a progress re- 
port on "Before/ After School Programs" to the Senate. 

The Senate accepts the Report and a copy is placed on file in the Legislative Li- 
brary. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 79, a bill to provide that gain and loss from certain futures contracts, foreign 
currency contracts, and options shall be recognized and reported for income tax pur- 
poses in the same manner as under federal tax law. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to Finance Committee. 

H.B. 222, a bill to allow Pasquotank County additional flexibility to fund public 
school construction. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to Education Committee. 

H.B. 264, a bill to clarify that a person requesting from the Business License Infor- 
mation Office a written list of State licenses relating to a specific business activity may 
not be penalized for failure to obtain a license which was not included in the list. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to State Government Committee. 

H.B. 282, a bill to allow the Town of Roper to regulate the abandonment of junked 
motor vehicles. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



March 13, 1989 



152 SENATE JOURNAL [Session 

S.B. 28, a bill to allow the Board of Equalization and Review to adjourn on Decem- 
ber 1 in the year of a county revaluation of real property. 

The bill passes its second (42-0) and third readings and is ordered sent to the House 
of Representatives. 

S.J.R. 331, a joint resolution honoring the founders of Elon College and com- 
memorating its Centennial. 

Without objection, on motion of Senator Daniel, the joint resolution is temporarily 
displaced. 

H.B. 126, a bill to implement the recommendation of the Joint Legislative Utility 
Review Committee to extend the expiration date of the fuel charge adjustment provi- 
sions of the General Statutes. 

The bill passes its second reading (44-0) . 

Senator Goldston objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, March 14, for further consideration 
upon third reading. 

S.B. 52 (Committee Substitute), a bill to clarify that business brokers are not secu- 
rities dealers, for concurrence in House Amendment No. 1. 

On motion of Senator Block, the Senate concurs in House Amendment No. 1 
(44-0) and the Committee Substitute bill is ordered enrolled. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.J.R. 445, a joint resolution honoring the founders of Elon College and com- 
memorating its Centennial. 

On motion of Senator Daniel, the joint resolution is placed before the Senate for 
immediate consideration. 

On motion of Senator Daniel the remarks of the Members speaking to the joint 
resolution are spread upon the Journal as follows: 

Senator Daniel: "Mr. President I would like to advise the Senate and the Presi- 
dent that the Secretary-of-State, Thad Eure, who is the President of the Board of 
Trustees of Elon College is waiting at the door to request permission to come on the 
floor of the Senate." 

Lieutenant Governor: "Without objection, the Chair at this time would like to 
appoint the following Senators to escort the Honorable Mr. Eure to the Well of the 
Senate. Senator Daniel, Senator Basnight, Senator Rauch, Senator Marvin, Senator 
Smith, and Senator Martin of Guilford." (The Senate receives the Honorable Mr. 
Eure with a standing ovation). 

Senator Daniel: "Mr. President I move that the rules be suspended to the end 
that the Honorable Thad Eure, former Secretary-of-State, be allowed to assume his 
seat that he sat in all these years of service." 

Lieutenant Governor: "The motion is that the Honorable Thad Eure, former 
Secretary-of-State of North Carolina be allowed to take his seat that he has occupied 
many times before. All in favor will say aye. (The Senate responds unanimously and 
the Chair directs the Committee to escort Mr. Eure to seat 'fifty-one.' 

"Secretary Eure on behalf of all the Senate we are delighted to have you back with 
the Senate tonight and we hope you will come back many, many times in the future." 

The question is the passage of H.J.R. 445 on its second reading. Any discussion 
or debate. 

Senator Daniel: "Mr. President, Elon College — I'm well blessed to be represent- 
ing the district in which this great institution exists. I'm proud to say that after the 
first one hundred years that Elon College is thriving. In the last ten years enrollment 



March 13, 1989 



1989] SENATE JOURNAL 153 

has increased. We have added five majors, two undergraduate degrees, and a leader- 
ship program that has talented students from all over the State and all over the United 
States that are participating. The Elon College faculty totals approximately 175 and 
70 percent hold the highest degree in their fields. Elon College is the largest private, 
co-educational four-year undergraduate college in North Carolina. Only the private 
universities that are larger are Duke, Wake Forest, and Campbell College. Fifty per- 
cent of its student body, which is sixteen hundred students, are from North Carolina 
representing sixty-five counties in the State of North Carolina. There are thirty-two 
fields of study, two graduate programs. 

"Elon College has played a significant roll in the education of North Carolina teach- 
ers, two of the last seven of the North Carolina Teachers of the Year and the 1987 
National Teacher of the Year is an Elon College graduate. Elon has been selected as 
one of two private institutions offering the North Carolina Teacher Fellow Program, 
one of the three components in the new academic initiatives for talented students 
called Leaders for the Twenty- First Century. 

"Mr. President, there are distinguished faculty members, distinguished representa- 
tives from Elon College that are present with us in the gallery tonight. At the appro- 
priate time I would seek that they be recognized. I would like to inform the Members 
of the Senate and, Mr. President, if I may that Attorney Noel Allen, an Elon alumnus 
is with us, who is a member of the Board of Trustees. Dr. Isabella Cannon, an Elon 
alumni, former Mayor of the City of Raleigh. Former Senator and House of Repre- 
sentative member, Tim McDowell, along with his lovely wife, Jody and his son, Josh. 
Ray Covington, the Assistant Director of Plan Giving at the College and Mrs. 
Covington. Dr. Earl Daily, former President of Elon College and currently Director of 
Plan Giving at the College and his lovely wife, Mrs. Daily. At the appropriate time, 
Mr. President, I'd ask that they be recognized and I'd just like to say that bringing out 
the role that Elon College has played in the educational field of North Carolina, that 
great recognition goes to someone who is near and dear to us all, that we have seen in 
the newspapers a lot lately with his sixty-five years of public service. While Elon is 
celebrating it's One Hundredth Anniversary, it's first century, I'm speaking of former 
Secretary-of-State and President of the Board of Trustees presently, Secretary Thad 
Eure. He, too, will be celebrating a birthday in a few months, he tells me he will be 
ninety years old. Not quite as old as Elon but certainly as wise. With this I move your 
vote for this joint resolution. Thank you." 

Senator Harris: "Mr. President. I do not know too much about Elon College 
except that I know it is a very fine College in North Carolina. But I do know Thad 
Eure. I met him in 1928 at Max Gardner's home in Shelby and something that many 
of you may not know, during the 'Shelby dynasty' which was back from 1928 until 
1948, Thad Eure would have been Governor of North Carolina had he wanted to if the 
'Shelby dynasty' had stayed intact. And it is a great pleasure for me to recognize him 
and Elon College." 

The House joint resolution passes its second (44-0) and third readings and is or- 
dered enrolled. 

Senator Barnes, President Pro Tempore, assumes the gavel. 

President Pro Tempore: "At this time I'd like to ask the Escort Committee if 
they would escort the Honorable Thad Eure to the Well of the Senate, please. And at 
this time, the Honorable Jim Gardner, Lieutenant Governor of the State of North 
Carolina is recognized for a presentation." 

Lieutenant Governor: "Mr. Eure, from the State of North Carolina, be it 
known to all, that the Senate of the North Carolina General Assembly presents this 
certificate of acknowledgment and congratulations to the Honorable Thad Eure in rec- 
ognition for distinguished service to the State of North Carolina, this thirteenth day of 
March, 1989, Senator George B. Daniel, Sylvia M. Fink, Principal Clerk, and James 
C. Gardner, President of the Senate. Thank you. 



March 13, 1989 



154 SENATE JOURNAL [Session 

"And also, Mr. Eure, when I had the privilege of occupying your office at the Capi- 
tol, you gave me a key and you gave it to me with love. Nobody can use your key 
and I give it back to you tonight. I present you your nameplate and your key for you to 
keep. Fifty-two years you used this key." 

The President Pro Tempore directs the Escort Committee to be seated and recog- 
nizes the Honorable Mr. Eure. 

On motion of Senator Swain, the remarks of the Honorable Thad Eure, former 
Secretary-of-State, are spread upon the Journal as follows: 

"Mr. President, and members of the Senate. I must confess. I had no idea that 
anything like this would ever happen to me. But let me frankly tell you I think, 4 I 
deserve it!' (The Senate responds with prolonged applause.) I say this to you to give 
you complete assurance that I am not timid or bashful. I shall always cherish your 
action here this evening. In according me the privileges of the Well of this Chamber, 
to acknowledge my profound thanks and appreciation and gratitude for the very loving 
manner in which you have accorded me this courtesy. Thank you. And as I listen to 
some comment before the Senate sitting there in the seat that I occupied every Session 
of the General Assembly and since this Legislative Building was erected, and in recent 
years my good friend Senator Ward of Forsyth, how pleasant it has been. 

"Hearing some of the comment that was made about me by those who spoke of the 
resolution, I know that many of you wondered how on earth that I would rise from that 
seat and walk to this podium here without the aid of a cane or crutch. And to prove 
that I could do it I left my cane there at that desk! 

"My friends, if I talk too long excuse me please, I'll try not to do that. Mighty few 
people have been as fortunate as I have been. Country boy born on a cotton and 
peanut farm in northeastern North Carolina; served as Mayor of a small municipality; 
represented his County in the General Assembly; served as county attorney in the 
government of my County; served in the Electoral College and elected one President of 
the United States of America; served as Secretary-of-State longer than any other per- 
son who has held a state-wide elected office in this Country. 

"And now for the first time in sixty-five years, I have become an humble adult 
citizen. Mighty few people have traveled the journey that I have. But one of the most 
important things that has touched my life is the fact that my parents brought me up in 
a Christian home. And caused me to become a member of the Church that I have 
been devoted to all of my life that bears my family name in Gates County where I have 
always held my membership and always will. Yes, my grandparents on both sides of 
my family were devout members of the Church that I belong to. 

"And that Church had a lot to do with requesting the creation of an educational 
institution of higher learning in its denomination. And it selected Elon College that is 
located in Alamance County, just out from Burlington. It was located there in a grove 
of majestic oak trees. And the name of Elon College derived its name from those 
stately oaks. Elon is a Hebrew name for oak. And it has remained that ever since. 
Now I have been privileged to serve on the Board of Directors and Trustees, if you 
please, of that institution for nearly half of the existence of the College; and to serve 
as the Chairman of the Board of Trustees, and still am, for more than one-third of the 
existence of the College. 

"This great General Assembly of North Carolina, one hundred years ago, on March 
11, 1889, enacted legislation incorporating Elon College as an institution of higher 
learning sponsored by the Christian Church which later became the Congregational 
Christian Church. And later with the addition and merger of the Evangelical Reform 
Church became the United Church of Christ; this General Assembly remembers what 
it did a hundred years ago last Saturday when the Senate was not in session for the 
very first time since that birthday, to pass a resolution that has passed here this eve- 
ning and mentioning my name in connection. 

"And to realize that in celebrating the chartering of Elon College it also established 
a scholarship fund bearing my name. Of all the things that have happened to me 



March 13, 1989 



1989] SENATE JOURNAL 155 

through the years, I shall pass out of this earthly existence remembering that a living 
memorial will stand there on a Church and college ground and campus that was spon- 
sored by my Church, by my father's Church, my grandfather's and grandmother's 
Church, is something that I will never forget. It is a highlight of my life. And let me 
tell you that no member of this Senate will ever know how much I appreciate it. 

"Realizing that as I said in the beginning that few people have been as fortunate as I 
have. There is no other living person that has had the honor of convening the North 
Carolina House and the North Carolina Senate in the old Capitol Building. No other 
person has had the honor or the privilege of convening in regular sessions both 
branches of the General Assembly in this edifice. How well shall I remember the 
courtesies accorded me by those who are here now and those who have preceded you 
as members of the General Assembly. This great law-making body that I was once a 
member of. And to come here now after all these years and bring back and breathe 
into life once again what happened a hundred years ago; results of that happening 
gave me the privilege of having my name attached to it; the living memorial that will 
help unborn boys and girls receive an education that they are worthy of, I thank you 
my friends. 

"Let me tell you how much that I love you. If I don't recognize you as you pass by 
or I pass by you, let me explain that my vision has been so diminished that I have to 
get mighty close to you to recognize you. And both ears are plugged with hearing aids 
and sometimes I don't think they are worth a cent, but yet they are better than noth- 
ing. So please forgive me and know that I love you and I appreciate you and will 
always carry in my heart affection for the courtesies and love you are sending me. 
And may the Lord have mercy on you. Forever carry in your heart long live the Old 
North State. Here is to that land of the long leaf pine and the summer land where the 
sun doth shine, where the weak grow strong and the strong grow great. Here's to 
down home, the Old North State! And long live Elon College! Thank you, very 
much." 

The President Pro Tempore responds for the Senate, as follows: "Mr. Secretary, 
your dignity and courage and presence and service honors us and we thank you for 
being with us." 

The President Pro Tempore of the Senate relinquishes the gavel to the President of 
the Senate. 

CALENDAR (Continued) 

S.J.R. 331, a joint resolution honoring the founders of Elon College and com- 
memorating its Centennial, temporarily displaced earlier. 

On motion of Senator Daniel, further consideration of the joint resolution is post- 
poned until tomorrow, March 14. 

The President recognizes the following pages serving in the Senate this week: 

Shonda Evonne Arnold, Charlotte; Robin Melissa Byrum, Lincolnton; Regina Ca- 
ble, Waynesville; Rita A. Crump, Morganton; Althaus Daniel, Raleigh; Heather 
Dawes, Sharpsburg; Deborah Glaze, Belmont; Kimberly Judkins, Rockwell; 
Katherine Lambert, Charlotte; Laura Lynn Lee, Four Oaks; Tracey A. Lee, Arden; 
Jacquelyn Michele McMillian, Cary; Levonda Mise, Claremont; Jennifer Lin Nelson, 
Advance; Camilla Jo Norment, Lumberton; Mary Ann Opp, Morganton; Jalyn Pars- 
ley, Greenville; Angela T. Phinx, Stanley; Jennifer Ramsey, Bryson City; Marcy 
Rebecca Sands, Eden; Julie K. Smith, Greenville; and Anne Elizabeth Wynn, Eure. 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 8:58 P.M. to meet tomorrow, March 14, at 1:30 P.M. 



March 13, 1989 



156 SENATE JOURNAL [Session 

THIRTY-SIXTH DAY 

Senate Chamber, 
Tuesday, March 14, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered the Honorable Marvin C. Ward, Senator from Forsyth County as 
follows: 

"Our Heavenly Father, we again thank You for the privilege of serving the people of 
North Carolina. We ask for Your help and guidance as we try to represent them in a 
fair and effective way. It is our prayer that all the decisions that we make, on rules, 
choices, or laws, be in the best interest of all of our citizens. This request is made in 
Thy Name. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 13, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence to Senator Ezzell for today. 

The President grants courtesies of the floor to Mary P. Seymour, former Senator 
from Guilford County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 52, an act to clarify that business brokers are not securities dealers. (Ch. 12) 

H.B. 151, an act to prohibit the intentional sweeping of a deer area with lights or 
the intentional shining of lights on deer in Richmond County. (Ch. 13) 

H.J.R. 445, a joint resolution honoring the founders of Elon College and com- 
memorating its Centennial. (Res. 6) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Murphy for the Higher Education Committee: 

S.B. 336, a bill to authorize community college tuition waiver for certain members 
of the Radio Emergency Association Citizens Team (REACT) , with a favorable re- 
port. 

On motion of Senator Murphy, the bill is re-referred to the Ways and Means 
Committee. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 324, a bill to provide for the management of hazardous waste in North Caro- 
lina, to create the North Carolina Industrial Waste Management Commission, to 



March 14, 1989 



1989] SENATE JOURNAL 157 

abolish the North Carolina Hazardous Waste Treatment Commission and transfer its 
functions, powers, and duties to the North Carolina Industrial Waste Management 
Commission, to amend various statutes relating to the management of hazardous 
waste, and to make conforming changes to other statutes, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Tally, the Committee Substitute bill is re-referred to the Fi- 
nance Committee. 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 285, a bill to allow the New Hanover County Board of Commissioners to dele- 
gate approval of permits for storage and sale of explosives and the exhibition of pyro- 
technics, with a favorable report. 

S.B. 319, a bill to provide a four-year term for the Mayor of the Town of Glen 
Alpine and four-year staggered terms for the Board of Aldermen of that Town, with a 
favorable report. 



REPORTS FROM THE NORTH CAROLINA DEPARTMENT OF 
PUBLIC INSTRUCTION 

Pursuant to Article 24 A of G.S. 115C-361 and 24B of G.S. 115C-363.10, The 
North Carolina Department of Public Instruction submits to the Senate reports on the 
"School Teacher Career Development Pilot Program" and on the "School Personnel 
Education Pilot Program, Outside Evaluator Project." 

Pursuant to G.S. 115C-489. 4 (b)(2), the North Carolina Department of Public In- 
struction submits to the Senate the final report on the "Commission on School Facility 
Needs." 

The Senate accepts the reports and copies are placed on file in the Legislative Li- 
brary. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Sherron, Allran, Ballance, Bryan, Daniel, Kincaid, Marvin, Odom, 
Plyler, Sands, Shaw, Simpson, Smith, Swain, Taft, Tally, and Ward: 

S.B. 405, a bill to increase the maximum income tax credit for donations of real 
property for land conservation. 

Referred to Finance Committee. 

By Senators Smith and Carpenter: 

S.B. 406, a bill to appropriate funds to the Department of Cultural Resources for 
the continued renovation and restoration of the historic Salisbury Railroad Station. 
Referred to Appropriations Committee. 

By Senator Walker: 

S.B. 407, a bill to annex certain described territory to the City of Asheboro. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 



March 14, 1989 



158 SENATE JOURNAL [Session 

By Senators Walker, Marvin, Hunt of Moore, Smith, and Martin of Guilford: 
S.B. 408, a bill to appropriate funds to the North Carolina Poverty Project, Inc., 
for personnel and operating expenses of the poverty information service. 
Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 409, a bill to exempt the North Carolina State Ports Authority from the 
rulemaking requirements of the Administrative Procedures Act. 
Referred to Judiciary III Committee. 

By Senator Block: 

S.B. 410, a bill enabling the County of New Hanover to establish an Airport 
Authority for the operation and maintenance of airport facilities in the County of New 
Hanover for the citizens of New Hanover County and vicinity. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Sands and Goldston: 

S.B. 411, a bill to permit the Rockingham County Airport Authority to receive an- 
nual sales tax refunds. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Daughtry: 

S.B. 412, a bill changing the method of electing the Smithfield Town Council. 

Referred to Election Laws Committee. 

By Senators Cochrane, Harris, Walker, and Carpenter: 

S.B. 413, a bill to provide for the assignment to the State of the right to third party 
benefits in Department of Human Resources medical payment programs. 
Referred to Human Resources Committee. 

By Senators Cochrane, Harris, Walker, and Carpenter: 

S.B. 414, a bill to change the name of alcoholic rehabilitation centers. 

Referred to Human Resources Committee. 

By Senators Cochrane, Harris, Walker, and Carpenter: 

S.B. 415, a bill to transfer rulemaking authority for public health nutrition pro- 
grams from the Department of Human Resources to the Commission for Health Serv- 
ices. 

Referred to Human Resources Committee. 

By Senators Cochrane, Harris, Walker, and Carpenter: 

S.B. 416, a bill to clarify the medical contraindications to State-mandated immuni- 
zations. 

Referred to Human Resources Committee. 

By Senators Harris, Marvin, and Cochrane: 

S.B. 417, a bill to allow for the transfer of responsibility for administration of local 
IV-D units between the Department of Human Resources and Board of County Com- 
missioners. 

Referred to Children and Youth Committee. 

By Senator Winner: 

S.B. 418, a bill to appropriate funds to finance the removal of hazardous sub- 
stances, including poisons, corrosives, flammables, and explosives, from the schools 
of this State. 

Referred to Appropriations Committee. 



March 14, 1989 



1989] SENATE JOURNAL 159 

By Senator Martin of Guilford: 

S.B. 419, a bill to appropriate funds for health promotion and disease prevention. 

Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 420, a bill to appropriate funds for positions and assistance for the Office of 
Youth Advocacy and Involvement. 

Referred to Appropriations Committee. 

By Senator Conder: 

S.B. 421, a bill to increase the number of persons eligible to be paid as a superin- 
tendent of schools on a temporary basis. 

Referred to Education Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Martin of Guilford, Marvin, Harris, and Allran: 

S.B. 422, a bill to change the burden of proof in civil paternity actions. 

Referred to Judiciary II Committee. 

By Senator Martin of Guilford: 

S.B. 423, a bill to provide for confidentiality of the proceedings of quality assurance 
committees in mental health, mental retardation, and substance abuse facilities. 
Referred to Human Resources Committee. 

By Senator Martin of Guilford: 

S.B. 424, a bill to amend the mental health, mental retardation, and substance 
abuse confidentiality laws. 

Referred to Human Resources Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 245, a bill to restore the corporate limits of the Town of Roper to those in the 
Charter of 1907. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 129, a bill expanding the Siler City Board of Commissioners and changing the 
method by which the Board is elected. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 330, a bill to eliminate the requirement that pawnbrokers be licensed. 
The bill passes its second (47-0) and third readings and is ordered sent to the House 
of Representatives. 

S.J.R. 331, a joint resolution honoring the founders of Elon College and com- 
memorating its Centennial. 

On motion of Senator Daniel, the joint resolution is postponed indefinitely. 

S.B. 347, a bill to prohibit use of the State Highway Patrol name in soliciting ad- 
vertisements. 

The bill passes its second (48-0) and third readings and is ordered sent to the House 
of Representatives. 



March 14, 1989 



160 SENATE JOURNAL [Session 

H.B. 53, a bill to provide for the North Carolina Teacher of the Year to serve as an 
advisory member to the State Board of Education. 

The bill passes its second reading (47-0). 

On motion of Senator Royall, the bill is re-referred to the Appropriations Com- 
mittee. 

H.B. 85, a bill to allow sales commissions on initial bank stock offerings. 
The bill passes its second reading (46-0) . 
Senator Simpson objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, March 15, for further consideration 
upon third reading. 

H.B. 99, a bill to amend the New Motor Vehicles Warranties Act to provide that 
any express warranty of a new motor vehicle stated in terms of a certain number of 
miles shall begin to accrue from the mileage on the odometer at the date of original 
delivery to the consumer. 

The bill passes its second (47-0) and third readings and is ordered enrolled. 

H.B. 100, a bill to amend the New Motor Vehicles Warranties Act to provide that 
if a manufacturer resells a motor vehicle that was returned to it pursuant to Article 
15A of Chapter 20 of the General Statutes or any other State's applicable law, the 
manufacturer shall disclose the fact of return and the reason for return to the subse- 
quent purchaser. 

On motion of Senator Soles, Committee Amendment No. 1 is adopted (47-0). 

Senator Winner offers Amendment No. 2 which is adopted (47-0). 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
sent to the House of Representatives for concurrence in Senate Amendments No. 1 
and No. 2. 

H.B. 209, a bill to further regulate consumer finance companies, their affiliates 
and subsidiaries, to require their registration under the Mortgage Banker/Broker Reg- 
istration Act, to allow consumer finance licensees to maintain their records out of 
state, and to make various technical amendments. 

The bill passes its second (47-0) and third readings and is ordered enrolled. 

H.B. 126, a bill to implement the recommendation of the Joint Legislative Utility 
Review Committee to extend the expiration date of the fuel charge adjustment provi- 
sions of the General Statutes, upon third reading. 

The bill passes its third reading (45-0). 

The bill is ordered enrolled. 



WITHDRAWAL FROM COMMITTEE 

S.B. 391, a bill to modify the Funeral and Burial Trust Funds Act. 

On motion of Senator Staton the rules are suspended, without objection, and the bill 
is taken from the Judiciary II Committee and is re-referred to the Banks and 
Thrift Committee. 

On motion of Senator Barnes, seconded by Senator Harris, the Senate adjourns at 
2:28 P.M. to meet tomorrow, March 15, at 1:30 P.M. 



March 14, 1989 



1989] SENATE JOURNAL 161 

THIRTY-SEVENTH DAY 

Senate Chamber, 
Wednesday, March 15, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Eternal God, they're up there again today, our astronauts, circling this big, blue, 
beautiful marble, and reminding us of what we have always known in our bones — there 
is but one human family, traveling together through time and space on one world, 
created and placed here by One God. 

"Use this quiet moment to call us from our scattered lives and ransom ways, from 
our noisy world with many voices. Call us to Thyself; there, may we find, once more, 
the true center of our souls; and from there, may we honor Thee, and serve our neigh- 
bors' needs. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 14, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

H.B. 99, an act to amend the New Motor Vehicles Warranties Act to provide that 
any express warranty of a new motor vehicle stated in terms of a certain number of 
miles shall begin to accrue from the mileage on the odometer at the date of original 
delivery to the consumer. (Ch. 14) 

H.B. 126, an act to implement the recommendation of the Joint Legislative Utility 
Review Committee to extend the expiration date of the fuel charge adjustment provi- 
sions of the General Statutes. (Ch. 15) 

H.B. 129, an act expanding the Siler City Board of Commissioners and changing 
the method by which the Board is elected. (Ch. 16) 

H.B. 209, an act to further regulate consumer finance companies, their affiliates 
and subsidiaries, to require their registration under the Mortgage Banker/Broker Reg- 
istration Act, to allow consumer finance licensees to maintain their records out of 
state, and to make various technical amendments. (Ch. 17) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harris for the Human Resources Committee: 

S.B. 401, a bill to delete the requirement of categorizing hospitals as to the kinds 
and levels of emergency medical treatment available, with a favorable report. 



March 15, 1989 



162 SENATE JOURNAL [Session 

S.B. 386, a bill to regulate public swimming pools, with a favorable report, as 
amended. 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 192, a bill to allow the City of Lumberton and the Town of Erwin and munici- 
palities in Franklin County to regulate the abandonment of junked motor vehicles, with 
an unfavorable report as to bill but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read, S.B. 192 (Committee Substitute), a bill to allow 
counties and municipalities to regulate the abandonment of junked motor vehicles, and 
further changes the bill from a local bill to a public bill, is placed before the Senate for 
immediate consideration. 

On motion of Senator Sands, the Committee Substitute bill is adopted and on his 
further motion is placed on the Calendar for tomorrow, March 16. 

By Senator Sherron for the State Government Committee: 

S.B. 204, a bill to clarify that a person requesting from the business license infor- 
mation office a written list of State licenses relating to a specific business activity may 
not be penalized for failure to obtain a license which was not included in the list, with 
a favorable report, as amended. 

By Senator Parnell for the Insurance Committee: 

H.B. 8, a bill to apply the Volunteer Rescue Fund Matching Grant Program to 
eligible EMS equipment of rescue units that provide emergency medical services, with 
a favorable report. 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 265, a bill concerning recording of instruments, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended, and the Commit- 
tee Substitute bill is placed before the Senate for immediate consideration and on his 
further motion the Committee Substitute bill is adopted. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is placed on 
the Calendar for Tuesday, March 21. 

By Senator Rauch for the Finance Committee: 

S.B. 324 (Committee Substitute), a bill to provide for the management of hazard- 
ous waste in North Carolina, to create the North Carolina Industrial Waste Manage- 
ment Commission, to abolish the North Carolina Hazardous Waste Treatment Com- 
mission and transfer its functions, powers, and duties to the North Carolina Industrial 
Waste Management Commission, to amend various statutes relating to the manage- 
ment of hazardous waste, and to make conforming changes to other statutes, with a 
favorable report. 

By Senator Richardson for the Children and Youth Committee: 

S.B. 255, a bill to assure that the designated representative of a child support en- 
forcement program administered by the Department of Human Resources is authorized 
to pursue establishment of paternity and collection of child support in interstate IV-D 
cases and to appropriate funds for the State cost to implement this change, with a 
favorable report, as amended. 

On motion of Senator Richardson, the bill is re-referred to the Judiciary II Com- 
mittee. 



March 15, 1989 



1989] SENATE JOURNAL 163 

S.B. 159, a bill to appropriate funds to establish and evaluate pilot projects to im- 
prove Title IV-D child support service of process, with a favorable report, as 
amended. 

On motion of Senator Richardson, the Committee Amendment No. 1 is adopted, 
ordered engrossed and re-referred to the Appropriations Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Murphy: 

S.B. 425, a bill to establish a season for the hunting of foxes with guns in Jones 
County. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Marvin, Allran, Harris, and Martin of Guilford: 
S.B. 426, a bill to allow for the modification of a support order to include medical 
support. 

Referred to Judiciary II Committee. 

By Senators Raynor (By Request), and Tally: 

S.B. 427, a bill to increase the property tax homestead exemption amount. 

Referred to Finance Committee. 

By Senators Basnight and Barker: 

S.B. 428, a bill to authorize the issuance of water column leases for commercial 
aquaculture activities. 

Referred to Marine Resources and Wildlife Committee. 

By Senator Johnson of Cabarrus: 

S.B. 429, a bill to change the time of the election and the term of office for mem- 
bers of the Cabarrus County Board of Education. 
Referred to Education Committee. 

By Senator Marvin: 

S.B. 430, a bill to amend the process for giving notice of decisions regarding excep- 
tional children. 

Referred to Education Committee. 

By Senator Staton: 

S.B. 431, a bill to eliminate or correct obsolete cross-references and make other 
technical corrections in the air quality statutes. 

Referred to Environment and Natural Resources Committee. 

By Senator Staton: 

S.B. 432, a bill to allow physicians to report physically impaired drivers to the 
Commissioner of Motor Vehicles. 

Referred to Transportation Committee. 

By Senator Staton: 

S.B. 433, a bill to appropriate funds for the planning of the new State Museum of 
Natural Sciences. 

Referred to Appropriations Committee. 

By Senators Staton and Bryan: 

S.B. 434, a bill to require district attorneys to make reasonable efforts to give prior- 
ity for trial to those cases in which the defendant is detained. 
Referred to Judiciary I Committee. 



March 15, 1989 



164 SENATE JOURNAL [Session 

By Senator Block: 

S.B. 435, a bill to create a Study Commission on Public Health. 
Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senator Block: 

S.B. 436, a bill clarifying the authority of the City of Wilmington to participate with 
developers and owners of land in construction of public improvements and to include 
certain costs in the purchase of real property. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 437, a bill to provide for liens for unpaid charges by the City of Wilmington for 
water, sewer and garbage services. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Plyler: 

S.B. 438, a bill to provide for nonpartisan election of the Union County Board of 
Education at the time of the general election. 
Referred to Election Laws Committee. 

By Senators Plyler and Conder: 

S.B. 439, a bill to allow the Town of Richfield to collect utility bills as if they were 
taxes due the Town. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Winner and Odom: 

S.B. 440, a bill to provide for accounting practice review of certified public ac- 
countants. 

Referred to Judiciary II Committee. 

By Senator Daughtry: 

S.B. 441, a bill to appropriate funds for financial assistance for Four Oaks to Ben- 
son water facilities. 

Referred to Appropriations Committee. 

By Senator Murphy: 

S.B. 442, a bill to exempt the Town of Rose Hill from certain zoning notice require- 
ments. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Kincaid and Simpson: 

S.B. 443, a bill to provide a procedure for merger of a city and a sanitary district 
whose boundaries are coterminous. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 444, a bill to amend the State and Local Government Retirement Systems to 
conform them to the Internal Revenue Code. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Finance Committee. 

By Senators Block and Carpenter: 

S.B. 445, a bill to increase the benefits of the law enforcement officers' , firemen's, 
rescue squad workers', and Civil Air Patrol Members' Death Benefits Act. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 



March 15, 1989 



1989] SENATE JOURNAL 165 

By Senators Parnell, Johnson of Wake, Speed, and Guy: 

S.B. 446, a bill to rewrite the North Carolina Medicare Supplement Insurance 
Minimum Standards Act of 1981 in order to comply with recent changes in federal 
law. 

Referred to Insurance Committee. 

By Senators Parnell, Johnson of Wake, Speed, and Guy: 
S.B. 447, a bill to repeal the expiration date in the Risk Sharing Plan Act. 
Referred to Insurance Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Parnell, Johnson of Wake, Speed, and Guy: 

S.B. 448, a bill to authorize the Commissioner of Insurance to approve rules, prac- 
tices, and procedures of the North Carolina Motor Vehicle Reinsurance Facility; and 
to provide for remedial measures in appeals to the Commissioner of Facility Board 
decisions. 

Referred to Insurance Committee. 

By Senators Martin of Pitt, Barnes, Taft, Ezzell, Murphy, Sands, Cochrane, and 
Smith: 

S.B. 449, a bill to create the Main Street Fund. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 450, a bill concerning local development in the City of Wilson and Wilson 
County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Martin of Pitt: 

S.B. 451, a bill to create the North Carolina Small Business and Economic Devel- 
opment Council. 

Referred to Small Business Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senator Soles: 

S.B. 452, a bill to add an additional resident superior court judge in Superior Court 
District Thirteen. 

Referred to Judiciary II Committee and upon a favorable report re-referred to 
Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 147 (Committee Substitute), a bill to repeal the prohibition on taking beaver 
in Montgomery County. 

Referred to Marine Resources and Wildlife Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 285, a bill to allow the New Hanover County Board of Commissioners to dele- 
gate approval of permits for storage and sale of explosives and the exhibition of pyro- 
technics. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 



March 15, 1989 



166 SENATE JOURNAL [Session 

S.B. 319, a bill to provide a four-year term for the Mayor of the Town of Glen 
Alpine and four-year staggered terms for the Board of Aldermen of that Town. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 199, a bill to authorize cities to enter into agreements concerning annexations, 
upon second reading. 

On motion of Senator Marvin, the bill is recommitted to the Local Government 
and Regional Affairs Committee. 

H.B. 85, a bill to allow sales commissions on initial bank stock offerings, upon 
third reading. 

The bill passes its third reading (47-0) . 
The bill is ordered enrolled. 



WITHDRAWAL FROM COMMITTEE 

H.B. 264, a bill to clarify that a person requesting from the Business License Infor- 
mation Office a written list of State licenses relating to a specific business activity may 
not be penalized for failure to obtain a license which was not included in the list. 

On motion of Senator Plyler the rules are suspended and the bill is taken from the 
Ways and Means Committee and is placed on the Calendar for tomorrow, March 
16. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns 
at 2:03 P.M. to meet tomorrow, March 16, at 1:30 P.M. 



THIRTY-EIGHTH DAY 

Senate Chamber, 
Thursday, March 16, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Henson P. Barnes, President Pro Tempore. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, Who art far above us, yet deep within us, we live in a world full of ques- 
tions hard to answer, and evils difficult to defeat, and yet, we also live in a world full 
of wonder, and laden with love. 

"Shine in us, this day, like the sun, out there, returning after the rain, and lift some 
crushed soul into fresh encouragement. Use us, O Lord, as instruments in building 
good government, and open our lives as free-flowing channels of Thy truth and grace. 
Amen." 

Senator Royall, Deputy President Pro Tempore, announces that the Journal of yes- 
terday, March 15, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President Pro Tempore grants leaves of absence to Senators Johnson of Wake 
and Smith who are attending the National Conference of Insurance Legislators in 
Amelia Island, Florida and to Senator Martin of Guilford who is attending the Inter- 
state Migrant Education Council in Arizona. 



March 16, 1989 



1989] SENATE JOURNAL 167 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 368, a joint resolution honoring Albert Schweitzer by proclaiming Albert 
Schweitzer Week, with a favorable report. 

On motion of Senator Block, the rules are suspended, and the joint resolution is 
placed on the Calendar for immediate consideration. 

The joint resolution passes its second (42-0) and third readings (43-0) and is or- 
dered without objection, sent to the House of Representatives by special messenger. 

S.R. 143, a Senate simple resolution adopting the permanent rules of the Senate for 
the 1989 Session of the General Assembly of North Carolina, with an unfavorable 
report as to the Senate simple resolution but favorable as to the Committee Substitute 
Simple Resolution. 

Senator Winner submits the Committee Substitute Senate simple resolution, and on 
his motion it is placed on the Calendar for Monday, March 20, for adoption. 

The President assumes the gavel. 

WITHDRAWAL FROM CALENDAR 

H.B. 8, a bill to apply the Volunteer Rescue Fund Matching Grant Program to 
eligible EMS equipment of rescue units that provide emergency medical services. 

On motion of Senator Parnell the bill is taken from the Calendar for today and is 
placed on the Calendar for Monday, March 20. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 66, an act to authorize the Cities of Monroe, Greenville and Rocky Mount to 
purchase natural gas by using informal bid procedures. (Ch. 18) 

S.B. 67, an act to allow members of the Board of Aldermen of the Town of Cajah 
Mountain serve more than two consecutive terms. (Ch. 19) 

H.B. 85, an act to allow sales commissions on initial bank stock offerings. (Ch. 
20) 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

Senator Staton moves that Rule 40 be suspended to allow the introduction of the 
following bill which motion prevails by a two-thirds majority vote. 

By Senator Staton: 

S.B. 490, a bill to authorize Lee County to join in the execution of a leasehold deed 
of trust on a certain described tract. 

On motion of Senator Staton, the bill is placed before the Senate for immediate 
consideration. 



March 16, 1989 



168 SENATE JOURNAL [Session 

The bill passes its second (41-0) and third readings and is ordered, without objec- 
tion, sent to the House of Representatives by special messenger. 

By Senator Simpson: 

S.B. 453, a bill to establish seasons for hunting foxes with firearms and bow and 
arrow and for trapping foxes in Burke County. 

Referred to Marine Resources and Wildlife Committee. 

By Senator Basnight: 

S.B. 454, a bill to provide for an election in the northeasternmost part of Dare 
County on the question of establishing an Outer Banks Beautification District and to 
provide for the levy and collection of property taxes in this District. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Marvin, Ballance, Cochrane, Guy, Johnson of Cabarrus, Martin of 
Guilford, Rauch, Raynor, Richardson, Smith, Walker, and Ward. 

S.B. 455, a bill to amend the law regarding the age of children with special needs. 

Referred to Children and Youth Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senator Soles: 

S.B. 456, a bill to amend and improve the North Carolina Public Records Law. 

Referred to Judiciary II Committee. 

By Senators Odom, Ballance, Basnight, Block, Bryan, Carpenter, Cochrane, Con- 
der, Daniel, Daughtry, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Sands, Shaw, Simpson, Smith, 
Soles, Speed, Taft, Tally, Walker, and Ward: 

S.B. 457, a bill to appropriate funds to the Crime Victims Compensation Fund. 

Referred to Appropriations Committee. 

By Senator Odom: 

S.B. 458, a bill to amend the law concerning alarm systems. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Finance Committee and upon a favorable report re-referred to Appropriations 
Committee. 

By Senator Block: 

S.B. 459, a bill to repeal the Tender Disclosure Act. 

Referred to Judiciary II Committee. 

By Senator Rauch: 

S.B. 460, a bill to continue the present highway contract clauses in highway con- 
struction contracts made necessary by federal legislation. 
Referred to Transportation Committee. 

By Senator Daughtry: 

S.B. 461, a bill to appropriate funds for a woodworking/vocational shop building at 
Sampson Community College. 

Referred to Appropriations Committee. 

By Senators Hardin and Hunt of Moore: 

S.B. 462, a bill to appropriate funds for rape crisis and sexual assault programs 
throughout the State. 

Referred to Appropriations Committee. 



March 16. 1989 



1989] SENATE JOURNAL 169 

By Senator Block: 

S.B. 463, a bill providing for the regulation of athlete agents. 

Referred to Judiciary III Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senators Marvin, Allran, and Tally: 

S.B. 464, a bill to subject State-administered retirement systems to income with- 
holding for child support. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Judiciary II Committee. 

By Senator Murphy: 

S.B. 465, a bill to allow municipalities in Lenoir County to regulate the abandon- 
ment of junked motor vehicles. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 466, a bill to authorize the Department of Administration to condemn property 
for railroad corridor preservation. 

Referred to Transportation Committee. 

By Senator Sands: 

S.B. 467, a bill to exempt employees of the North Carolina State Ports Authority 
from the State personnel system. 

Referred to State Government Committee. 

By Senator Daniel: 

S.B. 468, a bill to expedite physical examinations of employees who file claims for 
asbestoses or silicosis pursuant to the Workers' Compensation Act. 
Referred to Manufacturing and Labor Committee. 

By Senators Daniel, and Martin of Pitt: 

S.B. 469, a bill to provide that the Governor and Lieutenant Governor run as a joint 
ticket in the general election. 

Referred to Constitution Committee. 

By Senator Barker: 

S.B. 470, a bill to provide that the Wildlife Resources Commission may adopt a 
temporary replacement cost for swans without prior notice or hearing or upon abbrevi- 
ated notice or hearing. 

Referred to Judiciary III Committee. 

By Senator Barker: 

S.B. 471, a bill to authorize hunting foxes with dogs on licensed controlled hunting 
preserves in Carteret, Craven, and Pamlico Counties. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Rauch, Marvin, and Harris: 

S.B. 472, a bill to appropriate funds for the Gaston College Regional Emergency 
Service Training Center. 

Referred to Appropriations Committee. 

By Senators Marvin, Cobb, Cochrane, Tally, and Daughtry: 

S.B. 473, a bill to reduce the number of hours of secure custody for a juvenile 
alleged to be undisciplined by virtue of being a runaway and a juvenile alleged to be 
undisciplined who willfully fails to appear in court after proper notice. 

Referred to Children and Youth Committee and upon a favorable report 
re-ferred to Judiciary II Committee. 



March 16, 1989 



170 SENATE JOURNAL [Session 

By Senator Winner: 

S.B. 474, a bill to provide for the posting of a bond or other security to ensure 
compliance with special orders of the Environmental Management Commission. 
Referred to Environment and Natural Resources Committee. 

By Senator Sherron: 

S.J.R. 475, a joint resolution dedicating properties as part of the State Nature and 
Historic Preserve, removing certain land from Jockey's Ridge State Park and Morrow 
Mountain State Park from the State Nature and Historic Preserve, and to repeal two 
statutes concerning that preserve. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Environment and Natural Resources Committee. 

By Senator Sherron: 

S.B. 476, a bill to codify the joint resolution accepting properties in the State Na- 
ture and Historic Preserve, to remove certain land from Jockey's Ridge State Park and 
Morrow Mountain State Park from the State Nature and Historic Preserve, and to 
repeal two statutes concerning that preserve. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Environment and Natural Resources Committee. 

By Senator Plyler: 

S.B. 477, a bill to authorize Union County to collect sewerage connection and use 
charges for the Towns of Indian Trail and Stallings by the same method as it collects 
ad valorem taxes. 

Referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 478, a bill to exempt county and town mutual insurance companies from the 
Postassessment Insurance Guaranty Association. 
Referred to Insurance Committee. 

By Senators Martin of Pitt and Ezzell: 

S.B. 479, a bill to exempt the City of Wilson from certain zoning notice require- 
ments. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 480, a bill to provide that the Town of Elkin may annex additional area. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 481, a bill to authorize Watauga County to raise revenue for education in 
Watauga County. 

Referred to Finance Committee. 

By Senator Kincaid: 

S.B. 482, a bill to amend the statutes governing the regulation of food and lodging 
establishments. 

Referred to Human Resources Committee. 

By Senator Daniel: 

S.B. 483, a bill to require overtime pay after forty hours and to otherwise amend 
the North Carolina Wage and Hour Act. 

Referred to Manufacturing and Labor Committee. 

By Senator Barker: 

S.B. 484, a bill to repeal the exemption from hook-and-line fishing license require- 
ments for persons fishing in their county of residence using natural bait. 
Referred to Marine Resources and Wildlife Committee. 



March 16, 1989 



1989] SENATE JOURNAL 171 

By Senator Barker: 

S.B. 485, a bill to establish a statewide fox management plan. 

Referred to Marine Resources and Wildlife Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 110, a bill to modify the method of filling vacancies in the Board of Aldermen 
of the Town of Bakersville, Mitchell County. 
Referred to Election Laws Committee. 

H.B. 283, a bill to amend the Charter of the City of Greensboro with respect to 
lease of real property and sale of personal property. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 307, a bill to place a moratorium on annexations by the Town of Seven Dev- 
ils within Watauga County. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 308, a bill to allow Davidson County to establish voting precincts without 
regard to township boundaries. 

Referred to Election Laws Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 324 (Committee Substitute), a bill to provide for the management of hazard- 
ous waste in North Carolina, to create the North Carolina Industrial Waste Manage- 
ment Commission, to abolish the North Carolina Hazardous Waste Treatment Com- 
mission and transfer its functions, powers, and duties to the North Carolina Industrial 
Waste Management Commission, to amend various statutes relating to the manage- 
ment of hazardous waste, and to make conforming changes to other statutes, upon 
second reading. 

Senator Tally offers Amendment No. 1 which is adopted (43-0). 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Kaplan, Kincaid, Martin of Pitt, Marvin, Plyler, Rauch, Raynor, Richardson, Royall, 
Sands, Shaw, Sherron, Simpson, Soles, Speed, Staton, Swain, Tally, Walker, Ward, 
and Winner — 41. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, remains on the Calendar for further 
consideration upon third reading. 

Senator Speed requests that courtesies of the floor be extended to Miss Gay 
Daughdrill, the 1989 Maid of Cotton. The President appoints Senators Speed, 
Walker, Parnell and Kincaid to escort the Maid of Cotton to the Well of the Senate 
where she briefly addresses the membership. 

CALENDAR (Continued) 

S.B. 192 (Committee Substitute), a bill to allow counties and municipalities to 
regulate the abandonment of junked motor vehicles. 

The Committee Substitute bill passes its second (39-0) and third readings and is 
ordered sent to the House of Representatives. 



March 16, 1989 



172 SENATE JOURNAL [Session 

S.B. 204, a bill to clarify that a person requesting from the business license infor- 
mation office a written list of State licenses relating to a specific business activity may 
not be penalized for failure to obtain a license which was not included in the list. 

On motion of Senator Plyler, the Chair orders the bill temporarily displaced. 

S.B. 386, a bill to regulate public swimming pools. 
On motion of Senator Harris, Committee Amendment No. 1 is adopted. 
Senator Richardson offers Amendment No. 2. 

On motion of Senator Sands, the bill, as amended, with Amendment No. 2 pend- 
ing, is recommitted to the Human Resources Committee. 

S.B. 401, a bill to delete the requirement of categorizing hospitals as to the kinds 
and levels of emergency medical treatment available. 

The bill passes its second (39-0) . 

Senator Kaplan objects to the third reading of the bill. 

The bill is ordered placed on the Calendar for Monday, March 20, for further con- 
sideration upon third reading. 

H.B. 264, a bill to clarify that a person requesting from the Business License Infor- 
mation Office a written list of State licenses relating to a specific business activity may 
not be penalized for failure to obtain a license which was not included in the list. 

The bill passes its second (39-0) and third readings and is ordered enrolled. 

S.B. 204, a bill to clarify that a person requesting from the business license infor- 
mation office a written list of State licenses relating to a specific business activity may 
not be penalized for failure to obtain a license which was not included in the list, 
temporarily displaced earlier. 

Without objection, the bill is ordered placed on the Calendar for Monday, March 
20. 

S.B. 401, a bill to delete the requirement of categorizing hospitals as to the kinds 
and levels of emergency medical treatment available. 

Senator Kaplan withdraws his objection to the third reading of the bill. The bill is 
withdrawn from the Calendar of Monday, March 20, and is placed before the Senate 
for further consideration upon its third reading. 

The bill passes its third reading and is ordered sent to the House of Representatives. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

S.B. 490, an act to authorize Lee County to join in the execution of a leasehold 
deed of trust on a certain described tract. (Ch. 21) 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns 
at 3:15 P.M. to meet Monday, March 20, at 8:00 P.M. 



March 16, 1989 



1989] SENATE JOURNAL 173 

THIRTY-NINTH DAY 

Senate Chamber, 
Monday, March 20, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable Ollie Harris, Senator from Gaston County, as 
follows: 

"Our Father we thank Thee for our safe return to the Senate Chamber. Be with us 
as we continue our service to the people of North Carolina. Our Father, we thank 
Thee tonight for those who have served through the years, many who have passed on. 
One particular, the family of Basil Whitener, who I learned tonight died today. We 
ask our blessing upon this family for the service he gave to North Carolina and to 
Congress and we remember them tonight. Father, we thank Thee for all of our favors, 
for Christ's sake. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
March 16, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

Senator Conder requests to be recorded present. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Barker: 

S.B. 486, a bill to authorize the North Carolina Wildlife Resources Commission to 
schedule managed hunts for game birds. 

Referred to Marine Resources and Wildlife Committee. 

By Senator Barker: 

S.B. 487, a bill to provide reimbursement of travel and subsistence for members of 
the Nongame Wildlife Advisory Committee. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Appropriations Committee. 

By Senator Staton: 

S.B. 488, a bill to expand current authority of the Inspection Maintenance Program 
to include hydrocarbons; provide flexibility pertaining to inspection facilities; and alter 
the fee structure. 

Referred to Transportation Committee and upon a favorable report re-referred 
to Finance Committee. 

By Senator Harris: 

S.B. 489, a bill to change the mental health law to reflect the incorporation of 
developmental disabilities. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senator Martin of Guilford: 

S.B. 491, a bill to provide funds to qualifying North Carolina A&T graduates who 
enter graduate architecture programs at North Carolina State University. 
Referred to Appropriations Committee. 



March 20, 1989 



174 SENATE JOURNAL [Session 

By Senator Sands: 

S.B. 492, a bill to make technical changes to the law concerning the North Caro- 
lina Criminal Justice Education and Training Standards Commission. 

Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee and upon a favorable report re-referred to Appropriations Commit- 
tee. 

By Senator Ward: 

S.B. 493, a bill to make technical changes to the precinct boundary program and to 
extend the two-month freeze on annexations and annexation reporting requirements to 
territory in all counties participating in the precinct boundary program. 

Referred to Election Laws Committee. 

By Senator Winner: 

S.B. 494, a bill to provide for winery special show permits. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senators Hardin and Carpenter: 

S.B. 495, a bill to incorporate the Town of Fletcher, subject to a referendum. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Guy: 

S.B. 496, a bill to clarify that homeowners' association-owned water and sewer 
utilities are exempt from regulation by the Utilities Commission. 
Referred to Public Utilities Committee. 

By Senator Johnson of Wake: 

S.B. 497, a bill to make various substantive and technical changes in the building 
code laws. 

Referred to Judiciary III Committee. 

By Senator Johnson of Wake: 

S.B. 498, a bill to improve the laws relating to the reporting and investigation of 
insurance fraud and the financial condition of insurance licensees; the laws relating to 
embezzlement by agents and brokers and the reporting thereof; and the laws relating to 
false statements by persons in the business of insurance. 

Referred to Insurance Committee. 

By Senator Johnson of Wake: 

S.B. 499, a bill to provide for the completion of fire reports by fire departments and 
the filing of fire reports with insurance claims. 
Referred to Insurance Committee. 

By Senator Johnson of Wake: 

S.B. 500, a bill to provide for reimbursement to the State for costs of consultants 
retained for reviewing insurance rate filings and certain classification plans and to pro- 
vide for the return of certain filings that do not meet statutory requirements. 

Referred to Insurance Committee. 

By Senator Johnson of Wake: 

S.B. 501, a bill to amend the Postassessment Insurance Guaranty Association Act. 

Referred to Insurance Committee. 

By Senator Johnson of Wake: 

S.B. 502, a bill to rewrite the law on reciprocal or interinsurance exchanges. 

Referred to Insurance Committee. 



March 20, 1989 



1989] SENATE JOURNAL 175 

By Senator Johnson of Wake: 

S.B. 503, a bill to improve coverage under long-term care insurance. 

Referred to Insurance Committee. 

By Senator Sands: 

S.B. 504, a bill to provide a Commodities Act. 

Referred to Agriculture Committee. 

By Senators Rauch and Richardson: 

S.B. 505, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of a capital improvements project at the University of 
North Carolina at Charlotte. 

Referred to Higher Education Committee and upon a favorable report re- 
referred to Finance Committee and upon a favorable report re-referred to the Ap- 
propriations Committee. 

By Senators Richardson, Conder, Hunt of Durham, Hunt of Moore, Marvin, Tally, 
and Ward: 

S.B. 506, a bill to establish sixteen pilot centers for prekindergarten children to be 
administered by the State Board of Education. 

Referred to Education Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senator Ezzell: 

S.B. 507, a bill to provide specific rule making authority for vocational rehabilita- 
tion administration and to exempt hearings required by the Rehabilitation Act of 1973 
from hearings process. 

Referred to Judiciary III Committee. 

By Senator Martin of Guilford: 

S.B. 508, a bill to amend the requirements for registration as a licensed architect. 

Referred to Judiciary II Committee. 

By Senators Basnight and Rauch: 

S.B. 509, a bill to establish Statewide 911 service. 

Referred to Public Utilities Committee. 

By Senators Marvin, Sherron, Swain, and Ward: 

S.B. 510, a bill to make technical amendments to the Teachers' and State Employ- 
ees' Retirement System and to the Local Governmental Employees' Retirement System 
regarding certain excess contributions of retired members and to modify Chapter 1061 
of the 1987 Session Laws as it relates to funding and effective dates. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senators Marvin and Allran: 

S.B. 511, a bill to require immediate income withholding in Title IV-D child sup- 
port cases. 

Referred to Judiciary II Committee. 

By Senator Johnson of Wake: 

S.B. 512, a bill to make various substantive and technical changes in the insurance 
laws. 

Referred to Insurance Committee. 

By Senator Daniel: 

S.B. 513, a bill to authorize defendants to secure an appearance bond by depositing 
a fraction of the bond amount. 

Referred to Judiciary I Committee. 



March 20, 1989 



176 SENATE JOURNAL [Session 

By Senators Barker and Winner: 

S.B. 514, a bill to make it unlawful to kill a bear weighing less than one hundred 
pounds and to increase the penalties for the unlawful taking, possession, transporta- 
tion, sale, possession for sale, or purchase of a bear or bear part. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Ward, Conder, Murphy, Swain, and Daniel: 

S.B. 515, a bill to be known as "Retooling for the year 2000: Gaining the Com- 
petitive Edge." 

Referred to Higher Education Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senator Ezzell: 

S.B. 516, a bill to grant subrogation rights and penalties for withholding informa- 
tion to the Department of Human Resources, Division of Vocational Rehabilitation. 
Referred to Human Resources Committee. 

By Senator Ezzell: 

S.B. 517, a bill to provide that a local forensic evaluation shall be made of a defen- 
dant charged with a misdemeanor whose capacity to proceed to trial is questioned 
before a State evaluation may be ordered. 

Referred to Judiciary I Committee. 

By Senator Basnight: 

S.B. 518, a bill to appropriate funds for the Governor's One-On-One Programs 
that provide adult volunteer friends and role models for troubled young people. 
Referred to Appropriations Committee. 

By Senators Johnson of Wake and Ballance: 

S.B. 519, a bill to continue registration and disclosure by and to provide for finan- 
cial evaluation of continuing care facilities. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senator Soles: 

S.B. 520, a bill to amend the North Carolina Securities Act and the Investment 
Advisers Act by establishing an Investor Security Fund and by enhancing the enforce- 
ment provisions of those acts. 

Referred to Judiciary II Committee. 

By Senator Conder: 

S.B. 521, a bill to amend the Constitution of North Carolina to authorize the Gen- 
eral Assembly to authorize units of local government to contract debt without a vote of 
the people to the extent of one-half percent of the appraised value of property subject 
to taxation by the unit and to provide a procedure for units of government to borrow 
money up to that amount. 

Referred to Constitution Committee. 

By Senators Sands, Hunt of Moore, Marvin, Ballance, and Richardson: 
S.B. 522, a bill to prohibit discrimination in employment because of race, color, 
religion, sex, national origin, and age. 

Referred to Manufacturing and Labor Committee. 

By Senator Kaplan (by request) : 

S.B. 523, a bill to authorize fully certified local air pollution control programs to 
certify pollution control equipment for tax purposes. 
Referred to Finance Committee. 



March 20, 1989 



1989] SENATE JOURNAL 177 

By Senator Ward: 

S.B. 524, a bill to include additional controlled substances in the controlled sub- 
stances schedules. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 525, a bill to make various technical amendments to the General Statutes as 
recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 526, a bill to regulate the sale of fine prints as recommended by the General 
Statutes Commission. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 527, a bill to provide a means of recording a notice document prior to a real 
estate closing which would fix at that time the priority of title documents recorded later 
in connection with that real estate closing as recommended by the General Statutes 
Commission. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 528, a bill to require a statement listing the devisees or heirs of real property 
as recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 529, a bill to clarify the law concerning the issuance of an order changing the 
name of an adopted person who is eighteen or more years of age as recommended by 
the General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 530, a bill to amend G.S. 59-105 to expressly provide that service of process 
upon the registered agent of a limited partnership is binding on the partnership as 
recommended by the General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 531, a bill to authorize an action under the chapter of law concerning divorce 
and alimony to protect the property of an incompetent spouse but to prevent the entry 
of a divorce decree on behalf of the incompetent as recommended by the General Stat- 
utes Commission. 

Referred to Judiciary II Committee. 

By Senator Ezzell: 

S.B. 532, a bill to amend the catch line of the law concerning custody of persons 
incapable of self-support upon reaching majority to conform to the body of the law as 
recommended by the General Statutes Commission. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 533, a bill to extend the protection of the Auctioneer Recovery Fund to per- 
sons injured by acts of auctioneer businesses as recommended by the General Statutes 
Commission. 

Referred to Small Business Committee and upon a favorable report re-referred 
to Finance Committee. 



March 20, 1989 



178 SENATE JOURNAL [Session 

By Senator Ezzell: 

S.B. 534, a bill to provide that a deed shall contain a recitation of the grantor's 
source of title as recommended by the General Statutes Commission. 
Referred to Judiciary I Committee. 

By Senator Johnson of Wake: 

S.B. 535, a bill to simplify the rule making process, to make the process more 
uniform, and to transfer the responsibility for the North Carolina Administrative Code 
and the North Carolina Register to the Secretary of State. 

Referred to Judiciary III Committee. 

By Senator Barker: 

S.B. 536, a bill to appropriate funds to the Department of Agriculture to increase 
date processing staff, upgrade office automation software, and provide distribution 
processing systems to outlying divisions. 

Referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S.B. 537, a bill to make ethnic intimidation a crime. 

Referred to Judiciary I Committee. 

By Senators Hunt of Moore and Walker: 

S.B. 538, a bill to authorize the Town of Carthage to annex certain described 
Town-owned property. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Sherron: 

S.B. 539, a bill to allow students of universities to participate in the State telephone 
network. 

Referred to Public Utilities Committee. 

By Senator Goldston: 

S.B. 540, a bill to amend load width and height exceptions to loads of tobacco 
transported on the highways. 

Referred to Transportation Committee. 

By Senators Sherron, Royall, and Goldston: 

S.B. 541, a bill to repeal the powers and duties of the Secretary of Administration 
regarding telecommunications matters and to reestablish those powers and duties 
within the Office of the State Controller; to repeal Section 23.1 of Chapter 876 of the 
1987 Session Laws and to rename and revise the membership of the Computer Com- 
mission. 

Referred to State Government Committee. 

By Senators Royall, Barker, Basnight, Daughtry, Marvin, Shaw, Tally, Ward, and 
Winner: 

S.B. 542, a bill to appropriate emergency funds to the North Carolina Industrial 
Waste Management Commission in the Department of Commerce. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 543, a bill to add two employees of local government to the current member- 
ship of the State Personnel Commission. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 



March 20, 1989 



1989] SENATE JOURNAL 179 

By Senator Block: 

S.B. 544, a bill to make technical corrections in the Disability Income Plan of 
North Carolina. 

Referred to Manufacturing and Labor Committee and upon a favorable re- 
port re-referred to Pensions and Retirement Committee and upon a favorable 
report re-referred to Appropriations Committee. 

By Senator Block: 

S.B. 545, a bill to amend the Firemen's and Rescue Squad Workers' Pension 
Fund. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senators Speed, Allran, Ballance, Basnight, Daughtry, Hardin, Martin of Pitt, 
Marvin, Murphy, Parnell, Plyler, Raynor, Sherron, Soles, and Taft: 

S.B. 546, a bill relating to the unauthorized use or possession of labeled dairy milk 
cases or crates bearing the name or label of its owner. 

Referred to Agriculture Committee. 

By Senator Daniel: 

S.B. 547, a bill to prohibit making unneeded ambulance calls in Caswell County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Daniel: 

S.B. 548, a bill to amend the collection agency laws. 

Referred to Judiciary I Committee. 

By Senators Daniel, Barker, Conder, and Ezzell: 

S.B. 549, a bill to limit the power of insurance companies to cede insurance poli- 
cies to the North Carolina Motor Vehicle Reinsurance Facility. 
Referred to Insurance Committee. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 264, an act to clarify that a person requesting from the Business License 
Information Office a written list of State licenses relating to a specific business activity 
may not be penalized for failure to obtain a license which was not included in the list. 
(Ch. 22) 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 113, a bill to set out the boundaries of the Town of Harmony, and to validate 
actions of the Town. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

H.B. 119, a bill to annex a certain described territory to the Town of Wallace. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 



March 20, 1989 



180 SENATE JOURNAL [Session 

H.B. 254, a bill to correct an inadvertent repeal, and to validate acts of the City of 
Mount Airy. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 



WITHDRAWAL FROM CALENDAR 

H.B. 8 (Committee Substitute), a bill to apply the Volunteer Rescue Fund Match- 
ing Grant Program to eligible EMS equipment of rescue units that provide emergency 
medical services. 

On motion of Senator Parnell the Committee Substitute bill is taken from the Calen- 
dar for today, March 20, and re-referred to the Appropriations Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.R. 143, a Senate simple resolution adopting the permanent rules of the Senate for 
the 1989 Session of the General Assembly of North Carolina, for adoption. 

Senator Winner offers Amendment No. 1 which is adopted (46-0). 

On motion of Senator Winner, the Committee Substitute simple resolution, as 
amended, is adopted. The text of the resolution is as follows: 

Be it resolved by the Senate: 

Section 1. The permanent rules for the 1989 Session are as follows: 

PERMANENT RULES OF THE 1989 SENATE 
GENERAL ASSEMBLY OF NORTH CAROLINA 

I. Order of Business, Rules 1-7 

II. Conduct of Debate, Rules 8-17 

III. Motions, Rules 18-24 

IV. Voting, Rules 25-30.1 

V. Committees, Rules 31-37 

VI. Handling Bills, Rules 38-59.1 

VII. Legislative Officers and Employees, Rules 60-65 

VIII. General Rules, Rules 66-77. 

I. Order of Business 

RULE 1. Rules controlling the Senate of North Carolina and its com- 
mittees. — The following rules shall govern and control all actions and procedures of 
the Senate and its committees. 

RULE 2. Convening hour.— The Presiding Officer shall take the Chair at the 
hour fixed by the Senate upon adjournment on the preceding legislative day, and shall 
call the members to order. In case the Senate adjourned on the preceding legislative 
day without having fixed the hour of reconvening, the Senate shall reconvene on the 
next legislative day at 1:30 p.m. 

RULE 3. Opening the session.— The Presiding Officer shall, upon order be- 
ing obtained, have the sessions of the Senate opened with prayer. 

RULE 4. Convening in absence of President.— In the absence of the Presi- 
dent, the President Pro Tempore shall reconvene the Senate and preside, and during 
such time shall be vested with all powers of the President except that of casting a vote 



March 20, 1989 



1989] SENATE JOURNAL 181 

in case of tie when he has already voted on the question as a Senator. In the event of 
the absence of the President and President Pro Tempore at any time fixed for the 
reconvening of the Senate, the Deputy President Pro Tempore of the Senate, the Prin- 
cipal Clerk of the Senate, or in his or her absence also, the Chairman of the Senate 
Committee on Rules and Operation of the Senate, shall call the Senate to order and 
designate some member to act as Presiding Officer. 

RULE 5. Quorum. — (a) A quorum consists of a majority of all the qualified 
members of the Senate. 

(b) When a lesser number than a quorum convene, the Senators present may send the 
doorkeeper or any person, for any or all absent Senators, as a majority of the Senators 
present determine. 

RULE 6. Approval of Journal. — After the prayer, and upon appearance of a 
quorum, the Presiding Officer shall cause the Journal of the preceding day to be read 
and approved, unless the President Pro Tempore or, in his absence, the Deputy Presi- 
dent Pro Tempore of the Senate or some member of the Senate by motion sustained by 
a majority of the members present, has the reading thereof dispensed with and the 
same approved as written. 

RULE 7. Order of business.— After approval of the Journal, the order of 
business shall be as follows: 

(1) Reports of standing committees. 

(2) Reports of select committees. 

(3) Introduction of bills, petitions, and resolutions. 

(4) Messages from the House of Representatives. 

(5) Unfinished business of preceding day. 

(6) Special orders. 

(7) General orders: 

(a) Local bills in numerical order, Senate bills first 

(i) Third reading roll call and electronic voting system votes 
(ii) Second reading roll call and electronic voting system votes 
(iii) Second reading viva voce 
(iv) Third reading viva voce 

(b) Public bills in numerical order, Senate bills first 

(i) Third reading roll call and electronic voting system votes 
(ii) Second reading roll call and electronic voting system votes 
(iii) Second reading viva voce 
(iv) Third reading viva voce 

II. Conduct of Debate 

RULE 8. Presiding Officer to maintain order.— The Presiding Officer shall 
have general direction of the Hall of the Senate and shall be authorized to take such 
action as is necessary to maintain order, and in case of any disturbance or disorderly 
conduct in the galleries or lobbies, he shall have the power to order those areas 
cleared. 

RULE 9. Substitution for Presiding Officer. The Presiding Officer shall 
have the right to call on any member to perform the duties of the Chair, but substitu- 
tion shall not extend beyond one day. 

RULE 10. Points of order. — (a) The Presiding Officer shall preserve order 
and decorum and proceed with the business of the Senate according to the rules 
adopted. He shall decide all questions of order, subject to an appeal to the Senate by 
any member, on which appeal no member shall speak more than once unless by leave 
of the Senate. A two-thirds vote of the membership of the Senate present and voting 
is necessary to sustain any appeal from the ruling of the Presiding Officer. 



March 20, 1989 



182 SENATE JOURNAL [Session 

(b) In the event the Senate Rules do not provide for, or cover any point of order 
raised by any Senator, the rules of the United States House of Representatives shall 
govern. 

(c) When a Senator is called to order he shall take his seat until the Presiding 
Officer determines whether he was in order or not; if decided to be out of order, he 
shall not proceed without the permission of the Senate; and every question of order 
shall be decided by the Presiding Officer, subject to an appeal to the Senate by any 
Senator; and if a Senator is called to order for words spoken, the words excepted to 
shall be immediately taken down in writing, that the Presiding Officer or Senate may 
be better able to judge the matter. 

RULE 11. Debating and voting by Lieutenant Governor.— The Lieuten- 
ant Governor, as President of the Senate, being a Constitutional Officer shall not have 
the right to debate any question or to address the Senate upon any proposition unless 
by permission of the majority of members present, and shall have the right to vote only 
when there is a tie vote upon any question or election. 

RULE 12. Obtaining recognition. — (a) When any Senator is about to speak 
in debate or deliver any matter to the Senate, he shall rise from his seat and respect- 
fully address the Presiding Officer. No member shall speak further until recognized by 
the Presiding Officer. The Presiding Officer shall recognize the first to rise and, when 
two or more members rise at the same time, the Presiding Officer shall name the 
member to speak. 

(b) A Senator who has the floor may yield the floor to another Senator only for the 
purpose of allowing another Senator to state a question. Only the Presiding Officer 
may award the floor to any Senator for the purposes of allowing that Senator to engage 
in general debate. 

(c) A Senator who has obtained the floor may be interrupted only for the following 
reasons: 

1. a request that the member speaking yield for a question, 

2. a point of order, or 

3. a parliamentary inquiry. 

(d) When a Senator refers to a bill, the bill number and short title must be used. 

RULE 13. Recognition for extending courtesies. — (a) Courtesies of the 
floor and galleries shall be extended only by the Presiding Officer on his own motion or 
upon the written request of a member of the Senate to former members of the General 
Assembly or to distinguished visitors. 

(b) Members may designate Honorary Pages by a statement delivered to the Princi- 
pal Clerk who will have a certificate issued therefor. 

(c) The Presiding Officer may upon written request at intervals between various 
orders of business extend courtesies to schools or other special large groups visiting in 
the galleries while they are present, and the Presiding Officer shall, at such times as he 
deems appropriate, express to those visitors in the galleries the pleasure of the Senate 
for their presence. 

RULE 14. Limitations on individual debate. — (a) No Senator shall speak 
on the same day more than twice on the main question, nor longer than thirty minutes 
for the first speech and fifteen minutes for the second speech. No Senator shall speak 
on the same day more than once on an amendment or a motion to reconsider, com- 
mit, appeal or postpone, and then no longer than ten minutes. 

(b) By permission of the Presiding Officer any member of the Senate may address 
the Senate from the well of the Senate for the purpose of explaining a bill or of giving 
an invocation. 

RULE 15. Priority of business.— All questions relating to priority of business 
shall be decided without debate. 



March 20, 1989 



1989] SENATE JOURNAL 183 

RULE 16. (Reserved for future use). 

RULE 17. General decorum. — (a) Male Senators and male visitors shall un- 
cover their heads upon entering the Senate Chamber while the Senate is in session and 
shall continue uncovered during their continuance in the Chamber, unless one's reli- 
gion requires his head to be covered. 

(b) No derogatory remark reflecting personally upon any Senator shall be in order 
upon the floor of the Senate unless preceded by a motion or resolution of censure. 

(c) When the Presiding Officer is putting a question, or a division by counting is in 
progress, no Senator shall walk out of or across the Chamber, nor when a Senator is 
speaking, pass between him and the Presiding Officer. 

(d) When a motion to adjourn or for recess is affirmatively determined, no member 
or officer shall leave his place until adjournment or recess is declared by the Presiding 
Officer. 

(e) Smoking shall not be allowed in the galleries of the Senate during sessions. 

(f) No remark soliciting the donation of funds for the support of any person or 
organization shall be in order upon the floor of the Senate, unless the remark has some 
relevance to a bill or resolution before the body. No article of any kind soliciting 
business or donations may be placed by any person anywhere in the Senate Chamber 
or in any Senate office. 

(g) Food or beverage shall not be permitted in the Senate Chamber, either on the 
floor or in the galleries; however, after the Senate has remained in session for a period 
of two hours, food and beverage shall be allowed upon the floor of the Senate. 

(h) Reading of newspapers, magazines, periodicals or books shall not be accept- 
able while the Senate is in session. 

III. Motions 

RULE 18. Motions generally.— Any motion shall be reduced to writing, if 
requested by the Presiding Officer or a Senator, and read by the Presiding Officer or 
Reading Clerk before the same are debated; but any motion may be withdrawn by the 
introducer at any time before decision or amendment. No motion relating to a bill 
shall be in order which does not identify the bill by its number and short title. Except 
as otherwise specifically provided in these rules, no second is required. 

RULE 19. Motion; order of precedence.— When a question is before the 
Senate no motion shall be received except those herein specified, which motions shall 
have precedence as follows: 

(1) To adjourn. 

(2) To lay on the table. 

(3) For the previous question. 

(4) To postpone indefinitely. 

(5) To postpone to a certain day. 

(6) To commit to a standing committee. 

(7) To commit to a select committee. 

(8) To amend. 

(9) To substitute. 

RULE 20. Motions requiring a second.— The motions to adjourn, to lay on 
the table, and to call for the previous question, shall be seconded and decided without 
debate, and the motion to adjourn shall always be in order when made by a Senator 
entitled to the floor. 

RULE 21. Motions to postpone to certain day and to commit.— The 
respective motions to postpone to a certain day, or to commit to a standing or select 
committee, shall preclude debate on the main question. 

RULE 22. (Reserved for future use) . 



March 20, 1989 



184 SENATE JOURNAL [Session 

RULE 23. Motion for previous question. — The previous question shall be 
as follows: "Shall the main question be now put?" and until it is decided shall pre- 
clude all amendments and debate. If this question is decided in the affirmative, the 
"main question" shall be on the passage of the bill, resolution, or other matter under 
consideration; but when amendments are pending, the question shall be taken upon 
such amendments in their inverse order, without further debate or amendment: Pro- 
vided, that no one shall move the previous question except the chairman of the com- 
mittee submitting the report on the bill or other matter under consideration, or the 
member introducing the bill or other matter under consideration, or the member in 
charge of the measure, who shall be designated by the chairman of the committee 
reporting the same to the Senate at the time the bill or other matter under considera- 
tion is reported to the Senate or taken up for consideration. 

RULE 24. Motion to reconsider. — (a) When a question has been once put 
and decided, any Senator who voted in the majority may move to reconsideration 
thereof; but no motion for the reconsideration of any vote shall be in order after the 
bill, resolution, message, report, amendment, or motion upon which the vote was 
taken has gone out of the possession of the Senate; nor shall any motion for reconsid- 
eration be in order unless made on the same day or in the next following legislative day 
on which the vote proposed to be reconsidered took place: Provided, that when the 
next legislative day has by motion of the Senate been restricted as to matters which 
may be considered, a motion to reconsider shall be in order on the next succeeding day 
upon which regular business is conducted. No question shall be reconsidered more 
than once. 

(b) Notwithstanding subsection (a) of this Rule, a motion to reconsider is in order 
at any time if made by the Chairman or, in his absence, the Vice-Chairman of the 
Committee on Rules and Operation of the Senate for the sole purpose of correcting 
grammatical errors in bills in the possession of the Senate. 

IV. Voting 

RULE 25. Use of electronic voting system. — (a) Votes on the following 
questions shall be taken on the electronic voting system, and the ayes and noes shall 
be recorded on the Journal: 

(1) All questions on which the Constitution of North Carolina requires 
that the ayes and noes be taken and recorded on the Journal. 

(2) All questions on which a call for the ayes and noes under Rule 
26(b) has been sustained. 

(3) Both second and third readings of bills proposing amendment of 
the Constitution of North Carolina. 

(b) Votes on the following questions shall be taken on the electronic voting system, 
and a copy of the machine print-out of the votes shall be filed in the Legislative Li- 
brary where it shall be open to public inspections: 

(1) Second reading of all public bills, all amendments to public bills 
offered after second reading, third reading if a public bill was 
amended after second reading, and all conference reports on pub- 
lic bills. 

(2) Any other question upon direction of the Presiding Officer or upon 
motion of any Senator supported by one-fifth of the Senators pre- 
sent. 

(c) When the electronic voting system is used, the Presiding Officer shall fix and 
announce the time, not to exceed one minute, which shall be allowed for voting on the 
question before the Senate. The system shall be set to lock automatically and to re- 
cord the vote when that time has expired. Once the system has locked and recorded a 
vote, the vote shall be printed by the system. 

(d) The voting station at each Senator's desk in the Chamber shall be used only by 
the Senator to which the station is assigned. Under no circumstances shall any other 



March 20, 1989 



1989] SENATE JOURNAL 185 

person vote at a Senator's station. It is a breach of the ethical obligation of a Senator 
either to request that another vote at the requesting Senator's station, or to vote at 
another Senator's station. The Presiding Officer shall enforce this rule without excep- 
tion. 

(e) When the electronic voting system is used, the Presiding Officer shall state the 
question and shall then state substantially the following: "All in favor vote 'aye'; all 

opposed vote 'no'; seconds will be allowed for voting on this question; the Clerk 

will record the vote." After the machine locks and records the vote, the Presiding 
Officer shall announce the vote and declare the result. 

(f) One copy of the machine print-out of the vote record shall be filed in the office 
of the Principal Clerk, and one copy shall be filed in the Legislative Library where it 
shall be open to public inspection. 

(g) When the Presiding Officer ascertains that the electronic voting system is inop- 
erative before a vote is taken or while a vote is being taken on the electronic system, 
he shall announce that fact to the Senate and any partial electronic system voting 
record shall be voided. In such a case, if the Constitution of North Carolina or the 
Rules of the Senate require a call of the ayes and noes, the Clerk shall call the roll of 
the Senate, and the ayes and noes shall be taken manually and shall be recorded on 
the Journal. All other votes shall be taken by voice vote as prescribed in Senate Rule 
26(a). If, after a vote is taken on the electronic system, it is discovered that a mal- 
function caused an error in the electronic system print-out, the Presiding Officer shall 
direct the Reading Clerk and the Principal Clerk to verify and correct the print-out 
record and so advise the Senate. 

(h) For the purpose of identifying motions on which the vote is taken on the elec- 
tronic system (the identification codes having no relation to the order of precedence of 
motions), the motions are coded as follows: 

1. To lay on the table. 

2. For the previous question. 

3. To postpone indefinitely. 

4. To postpone to a day certain. 

5. To refer to a committee. 

6. To reconsider. 

7. To adopt. 

8. To concur. 

9. To take from the table. 

10. Miscellaneous. 



RULE 26. Voice votes; call for ayes and noes. — (a) When the electronic 
voting system is not used, all votes on which a call of the roll of the Senate is not 
required shall be taken by voice vote. The question shall be put as follows: "Those in 
favor say 'aye'," and, after the affirmative vote is expressed, "Opposed 'no'"; after 
which the Presiding Officer shall announce the result. If a division on any vote is 
desired, it must be called for immediately before the result of the voting is announced 
on any question, and upon such call, the Presiding Officer shall require the members 
to stand and be counted for and against the proposition under consideration. 

(b) The ayes and the noes may be called for on any question before the vote is 
taken. If a Senator desires the ayes and noes recorded on the Journal on a question, 
he shall address the Presiding Officer and obtain recognition and say, "Upon that 
question I call for the ayes and noes." Whereupon the Presiding Officer shall say, "Is 
the call sustained?" If one-fifth of the Senators present then stand, the vote shall be 
taken on the electronic voting system if it is operative, and the ayes and noes shall be 
recorded on the Journal. If the electronic voting system is inoperative, the roll of the 
Senate shall be called and the ayes and noes taken manually and recorded on the 
Journal. If fewer than one-fifth of the Senators present stand to sustain the call, the 
Presiding Officer shall announce, "An insufficient number up" and a vote by 



March 20, 1989 



186 SENATE JOURNAL [Session 

electronic voting or by voice, whichever is appropriate under the Rules of the Senate, 
shall be taken. 

RULE 27. Pairs. — If a Senator is paired with another Senator on a question, 
the Senator shall announce the pair as follows: "Mr. President, I desire to announce 

a pair. If Senator were present, he would vote ; I would vote (the 

opposite)." The Senator shall send forward at that time a written statement of the 
pair on a form provided by the Principal Clerk and neither member of the pair shall 
vote on the question. A pair shall be announced before the vote is taken viva voce, or 
if the electronic voting system is used, before the machine is unlocked. The Clerk 
shall record the pair on the Journal when the Constitution or Rules of the Senate re- 
quire a call of the roll and shall record on the electronic system print-out all pairs 
announced. 

RULE 28. Dividing question. — If any question contains several distinct 
propositions, it shall be divided by the Presiding Officer, at the request of any Senator, 
provided each subdivision, if left to itself, forms a substantive proposition. 

RULE 29. Duty to vote; excuses. — (a) Every Senator who is within the bar 
of the Senate when the question is stated by the Presiding Officer shall vote thereon 
unless he is excused by the Senate. The bar of the Senate shall include the entire 
Senate Chamber. 

(b) Any Senator may request to be excused from voting, either immediately before 
or after the vote has been called for and before a viva voce vote result has been an- 
nounced or before the electronic voting system has been unlocked. The Senator may 
make a brief statement of the reasons for making such request, and shall send forward 
to the Principal Clerk, on a form provided by the Clerk, a concise statement of the 
reason for the request, and the Clerk shall include this statement in the Journal. The 
question on granting of the request shall be taken without debate. 

RULE 30. Explanation of vote. — Any Senator may explain his vote on any 
bill pending by obtaining permission of the Presiding Officer after the final vote is 
taken: Provided, that not more than three minutes shall be consumed in such expla- 
nation. 

RULE 30.1. Questions of personal privilege. — Upon recognition by the 
Presiding Officer for that purpose, any Senator may speak to a question of personal 
privilege for a time not exceeding three minutes. Personal privilege may not be used to 
explain a vote, debate a bill, or in any way disrupt the regular business of the Senate. 
The Presiding Officer shall determine if the question raised is one of privilege and 
shall, without the point of order being raised, enforce this rule. 

V. Committees 

RULE 31. Appointment of committees. — (a) The President Pro Tempore 
of the Senate shall have the exclusive right and authority to appoint the majority par- 
ty's membership of all committees, regular and select, and to appoint committee 
chairmen and vice-chairmen and to establish select committees, but this does not ex- 
clude the right of the Senate by resolution to establish select committees. The minority 
leader shall have the exclusive right and authority to appoint all minority party's mem- 
bers of said committees and appoint the ranking minority member. Upon the recom- 
mendation of the committee on Rules and Operation of the Senate, the Senate may 
authorize by majority vote of the Senators present and voting a change in the number 
of standing committees. 

(b) The President Pro Tempore and Minority Leader shall designate their party's 
members to all standing committees at the beginning of the session. 



March 20, 1989 



1989] SENATE JOURNAL 187 

RULE 32. List of standing committees.— The standing committees shall 
be: 

Alcoholic Beverage Control 

Agriculture 

Appropriations 

Appropriations on Education 

Appropriations on General Government 

Appropriations on Human Resources 

Appropriations on Justice and Public Safety 

Appropriations on Natural and Economic Resources 
Banks and Thrift Institutions 
Base Budget 
Children and Youth 
Constitution 
Education 
Election Laws 

Environment and Natural Resources 
Finance 

Higher Education 
Human Resources 
Insurance 
Judiciary I 
Judiciary II 
Judiciary III 

Local Government and Regional Affairs 
Manufacturing and Labor 
Marine Resources and Wildlife 
Pensions and Retirement 
Public Utilities 

Rules and Operation of the Senate 
Small Business 
State Government 
State Personnel 
Transportation 

Veteran and Military Affairs, Law Enforcement, and Senior Citizens 
Ways and Means 

RULE 33. Notice of committee meetings. — (a) Public notice of all commit- 
tee meetings shall be given in the Senate. The required notice may be waived as to 
any meeting by the attendance at that meeting of all of the members of the committee, 
or by personal waiver. 

(b) The chairman of the committee shall notify or cause to be notified the sponsor 
of each bill which is set for hearing or consideration before the committee as to the 
date, time and place of that meeting. 

RULE 34. Membership of committees; quorum.— Membership on stand- 
ing committees shall consist of not more than 20 nor less than 5 Senators, including 
the chairman and vice-chairmen and ranking minority member; provided that the Ap- 
propriations Committee, Base Budget Committee, and Finance Committee shall not 
be limited as to membership. The President Pro Tempore shall have the exclusive 
right and authority to determine the number of members of each committee. Member- 
ship of each standing committee shall with respect to each political party be in the 
same proportion to the nearest whole person as the proportion of membership by po- 
litical party in the entire Senate. No Senator shall hold membership on more than 12 
standing committees unless the committee on Rules and Operation of the Senate pro- 
vides otherwise. 



March 20, 1989 



188 SENATE JOURNAL [Session 

A quorum of the Appropriations, Base Budget, Ways and Means, and Finance 
Committees shall consist of a majority of the committee. A quorum of any other 
committee shall consist of either the chairman and 5 members or a majority of the 
committee, whichever is fewer. 

RULE 34.1. President Pro Tempore.— The President Pro Tempore may at- 
tend each committee as if he were a member but shall have no vote. 

RULE 35. Roll call vote in committee.— No roll call vote may be taken in 
any committee. The committee chairman may vote in committee. 

RULE 36. Committee meetings. — No committee or subcommittee shall hold 
a secret meeting, and all meetings of committees and subcommittees shall be open to 
the public: Provided, that any committee or subcommittee has the inherent right to 
hold an executive session when it determines that it is absolutely necessary to have 
such a session in order to prevent personal embarrassment, or when it is in the best 
interest of the State; and in no event shall final action be taken by any committee or 
subcommittee except in open session. 

RULE 36.1. Committee minutes to Legislative Library.— The chairman 
of a committee shall insure that written minutes are compiled for each of the commit- 
tee's meetings. The minutes shall indicate the number of members present and the 
actions taken by the committee at the meeting. Not later than 20 days after the ad- 
journment of each session of the General Assembly, the chairman, except the chair- 
man of the Appropriations, Finance, State Government, or Ways and Means Com- 
mittee, shall deliver the minutes to the Legislative Library. The President Pro Tem- 
pore of the Senate may grant a reasonable extension of time for filing said minutes 
upon application of the committee chairman. 

RULE 37. (Reserved for interim operations rule). 

VI. Handling Bills 

RULE 38. Application of rules.— With the exception of speaking from the 
well of the Senate, all provisions of these rules applying to bills shall apply also to 
resolutions, memorials and petitions. 

RULE 39. Form and copies of bills. — (a) Unless variation is authorized by 
the Committee on Rules and Operation of the Senate, bills submitted for introduction 
shall be in a computer-typed form prepared by the Legislative Services Office. When 
a bill which is introduced is not in the prescribed form, the Principal Clerk shall cause 
the bill to be retyped in the prescribed form, and the retyped copy shall become the 
official copy of the bill for all purposes. The original bill shall then be returned to the 
introducer of the bill and shall not become a part of the records or documents of the 
Senate. 

(b) Whenever a bill is introduced, 20 copies shall be submitted to the Principal 
Clerk. Any bill submitted without the required number of copies shall be immediately 
returned to the introducer. 

RULE 39.1. Public and local bills; availability of copies of bills.— A 
public bill is a bill affecting 15 or more counties. A local bill is one affecting fewer 
than 15 counties. No public bill and, upon objection by a member, no local bill may 
be considered unless copies of the bill have been made available to the entire member- 
ship of the Senate. 

RULE 40. Introduction of bills. — (a) Every bill filed for introduction shall 
contain on the outside cover the title of the document and the name of the Senator or 
Senators presenting it. Bills shall be delivered by the primary sponsor of the document 



March 20, 1989 



1989] SENATE JOURNAL 189 

or with the prescribed authorization form signed by the primary sponsor to the office of 
the Senate Principal Clerk who shall receive them during regular session according to 
the following schedule: 

Monday until 8:30 o'clock P.M.; 

Tuesday, Wednesday, and Thursday until 
4:00 o'clock P.M.; 

Friday until 3:00 o'clock P.M. 
All bills shall be numbered by the Office of the Principal Clerk when filed and shall be 
considered introduced when presented to the Senate on the next following legislative 
day for the first reading and reference to committee. 

(b) Filing of bills during the interim shall be under the direction of the Rules and 
Operation of the Senate Committee as approved by the Senate. 

(c) All memorializing, celebration, commendation, and commemoration resolu- 
tions, except those honoring the memory of deceased persons or honoring a North 
Carolina institution, shall be excluded from introduction and consideration in the Sen- 
ate. 

RULE 40.1. Local appropriations bills.— No bill providing for appropria- 
tions from the State for local projects may be filed for introduction in the Senate if it 
deals with more than one subject or object. Each bill appropriating money for local 
projects shall be considered separately on its own merits by the appropriate Appropria- 
tions subcommittees and then by the full Appropriations Committee. 

RULE 41. Deadlines on filing for introduction of bills and resolu- 
tions. 

(a) All bills or resolutions recommended by commissions or committees authorized 
or directed by act or resolution of the General Assembly to report to the 1989 Regular 
Session of the General Assembly, or to report prior to convening of that session, must 
be filed for introduction not later than the last Thursday in February (February 23) of 
the first year of the biennial session; provided that any such measure submitted to the 
Bill Drafting Division of the Legislative Services Office by 4:00 p.m. on that date and 
filed for introduction in the Senate before 3:00 p.m. on the next Thursday (March 2) 
shall be treated as if it had been filed for introduction pursuant to this subsection. 

(al) All bills prepared to be introduced by departments, agencies, or institutions of 
the State must be filed for introduction not later than the second Thursday in March 
(March 9) of the first year of the biennial session; provided that any such measure 
submitted to the Bill Drafting Division of the Legislative Services Office by 4:00 p.m. 
on that date and filed for introduction in the Senate before 3:00 p.m. on the next 
Thursday (March 16) shall be treated as if it had been filed for introduction pursuant 
to this subsection. 

(a2) All local bills must be filed for introduction not later than the third Thursday 
in March (March 16) of the first year of the biennial session; provided that any such 
measure submitted to the Bill Drafting Division of the Legislative Services Office by 
4:00 p.m. on that date and filed for introduction in the Senate before 3:00 p.m. on 
the next Thursday (March 23) shall be treated as if it had been filed for introduction 
pursuant to this subsection. 

(a3) All resolutions, except those honoring the memory of deceased persons or 
adjourning the General Assembly must be filed for introduction not later than the first 
Thursday in May (May 4) of the first year of the biennial session; provided that any 
such measure submitted to the Bill Drafting Division of the Legislative Services Office 
by 4:00 p.m. on that date and filed for introduction in the Senate before 3:00 p.m. on 
the next Thursday (May 11) shall be treated as if it had been filed for introduction 
pursuant to this subsection. 

(a4) All public bills not containing appropriations or not requiring to be referred to 
the Committee on Finance by Rule 42 must be filed for introduction not later than the 
last Thursday in March (March 30) of the first year of the biennial session; provided 



March 20, 1989 



190 SENATE JOURNAL [Session 

that any such measure submitted to the Bill Drafting Division of the Legislative Serv- 
ices Office by 4:00 p.m. on that date and filed for introduction in the Senate before 
3:00 p.m. on the next Thursday (April 6) shall be treated as if it had been filed for 
introduction pursuant to this subsection. 

(a5) All public bills containing appropriations or requiring to be referred to the 
Committee on Finance by Rule 42 must be filed for introduction not later than the last 
Thursday in April (April 27) of the first year of the biennial session; provided that any 
such measure submitted to the Bill Drafting Division of the Legislative Services Office 
by 4:00 p.m. on that date and filed for introduction in the Senate before 3:00 p.m. on 
the next Thursday (May 4) shall be treated as if it had been filed for introduction 
pursuant to this subsection. 

(a6) A two-thirds vote of the membership of the Senate present and voting shall be 
required to file for introduction any bill or resolution after the dates established by this 
section. 

(a7) Except for subsection (c), this rule shall not apply to any reconvened session 
following the adjournment of the first year of the biennial session. 

(b) In order to be eligible for consideration by the Senate during the first regular 
session, all House Bills other than those required to be referred to the Committee on 
Finance by Rule 42, appropriations bills or adjournment resolutions, must be received 
and read on the floor of the Senate as a message from the House no later than May 1 1 
of the first regular session; provided that a message from the House received by the 
next legislative day stating that a bill has passed its third reading and is being en- 
grossed shall comply with the requirements of this subsection and provided that the 
House has a similar rule. 

(c) No Senate local appropriations bill may be filed for introduction in the Senate 
during the second year of the biennial session unless it is filed for introduction on or 
before June 16 of the second year of the biennial session. 

RULE 41.1. Relationship between Ways and Means Committee and 
other committees dealing with money matters; relationship between 
these other committees dealing with money matters.— In those instances 
specified herein, the Committee on Ways and Means shall have responsibility for final 
consideration of bills dealing with money matters before the bills are considered on the 
floor of the Senate. Upon the agreement of the chairmen or cochairmen of any two of 
the following committees: Appropriations, Finance, and Ways and Means, any bill 
reported favorably from the Committee on Appropriations or the Committee on Fi- 
nance shall be re-referred by the Presiding Officer to the Committee on Ways and 
Means for consideration. Bills referred to the Committee on Appropriations pursuant 
to Rule 43 may be referred by the Chairman of the Committee on Appropriations to 
the Appropriations Committee on Human Resources, Appropriations Committee on 
Education, Appropriations Committee on General Government, Appropriations Com- 
mittee on Justice and Public Safety, or Appropriations Committee on Natural and 
Economic Resources for a report back to the Committee on Appropriations. 

RULE 42. References of appropriations and finance bills. — (a) All 
bills introduced in the Senate providing for appropriations from the State, or any sub- 
division thereof, shall, before being considered by the Senate, be referred to the Com- 
mittee on Appropriations, and bills referred to other committees carrying any such 
provisions shall be reported to the Senate as being bills to be referred to the Appropria- 
tions Committee before proper action may be taken by the Senate. All bills introduced 
in the Senate providing for bond issues, imposing fees or civil penalties, levying taxes, 
or in any manner affecting the taxing power of the State or any subdivision thereof, 
shall, before being considered by the Senate, be referred to the Committee on Fi- 
nance, and bills referred to other committees carrying any such provisions shall be 
reported to the Senate as being bills to be referred to the Finance Committee before 
proper action may be taken by the Senate. 



March 20, 1989 



1989] SENATE JOURNAL 191 

(b) This rule shall not apply to bills imposing criminal fines, forfeitures, or penal- 
ties for infractions. 

RULE 42.1. Fiscal notes. — (a) The chairman or cochairmen or vice-chair- 
man of the Appropriations Committee, of the Finance Committee or of the Rules 
Committee, or of the Ways and Means Committee, upon the floor of the Senate, may 
request that a fiscal analysis be made of a bill, resolution or an amendment to a bill or 
resolution which is in the possession of the Senate and that a fiscal note be attached to 
the measure, when in the opinion of that chairman or vice-chairman the fiscal effects 
of that measure are not apparent from the language of the measure. 

(b) The fiscal note shall be filed and attached to the bill or amendment within two 
legislative days of the request. If it is impossible to prepare a fiscal note within two 
legislative days, the Director of Fiscal Research shall, in writing, so advise the Presid- 
ing Officer, the Principal Clerk, and the member introducing or proposing the measure 
and shall indicate the time when the fiscal note will be ready. 

(c) The fiscal note shall be prepared by the Fiscal Research Division on a form 
approved by the Rules Committee as to content and form and signed by the staff mem- 
ber or members preparing it. If no estimate in dollars is possible, the fiscal note shall 
indicate the reasons that no estimate is provided. The fiscal note shall not comment 
on the merit but may identify technical problems. The Fiscal Research Division shall 
make the fiscal note available to the membership of the Senate. 

(d) A sponsor of a bill or amendment may deliver a copy of his bill or amendment 
to the Fiscal Research Division for the preparation of a fiscal note. The sponsor shall 
attach the fiscal note to the bill when he files the bill or to the amendment when he 
moves its adoption. 

(e) The sponsor of a bill or amendment to which a fiscal note is attached who 
objects to the estimates and information provided may reduce to writing his objections. 
These objections shall be appended to the fiscal note attached to the bill or amend- 
ment and to the copies of the fiscal note available to the membership. 

(f) Subsection (a) of this rule shall not apply to the current operations appropria- 
tions bill or the capital improvements appropriations bill. This rule shall not apply to 
a bill or amendment requiring an actuarial note under these rules. 

RULE 42.2. Actuarial notes. — (a) Every bill or resolution proposing any 
change in the law relative to any State-administered retirement or pension system shall 
have attached to it at the time of its consideration by any committee a brief explana- 
tory statement or note which shall include a reliable estimate of the financial and actu- 
arial effect of the proposed change to that retirement or pension system. The actuarial 
note shall be attached to the jacket of each proposed bill or resolution which is re- 
ported favorably by any committee, shall be separate therefrom, and shall be clearly 
designated as an actuarial note. 

(b) The sponsor of the bill or resolution shall present a copy of the measure, with 
his request for an actuarial note, to the Fiscal Research Division which shall prepare 
the actuarial note as promptly as possible but not later than two weeks after the request 
is made. Actuarial notes shall be prepared in the order of receipt of request and shall 
be transmitted to the sponsor of the measure. The actuarial note of the Fiscal Re- 
search Division shall be prepared and signed by an actuary. 

(c) The sponsor of the bill or resolution shall also present a copy of the measure to 
the chief administrative officer of the retirement or pension system affected by the 
measure. The chief administrative officer shall have an actuarial note prepared by the 
system's actuary on the measure and shall transmit the note to the sponsor of the 
measure not later than two weeks after the request is received. The actuarial note 
shall be attached to the jacket of the measure. 

(d) The note shall be factual and shall, if possible, provide a reliable estimate of 
both the immediate effect and, if determinable, the long range fiscal and actuarial 
effect of the measure. If, after careful investigation, it is determined that no dollar 



March 20, 1989 



192 SENATE JOURNAL [Session 

estimate is possible, the note shall contain a statement to that effect, setting forth the 
reasons why no dollar estimate can be given. No comment or opinion shall be in- 
cluded in the actuarial note with regard to the merits of the measure for which the note 
is prepared. Technical and mechanical defects in the measure may be noted. 

(e) When any committee reports a measure to which an actuarial note is attached 
at the time of committee consideration, with any amendment of such nature as would 
substantially affect the cost to or the revenues of any retirement or pension system, 
the chairman of the committee reporting the measure shall obtain from the Fiscal Re- 
search Division an actuarial note of the fiscal and actuarial effect of the proposed 
amendment. The actuarial note shall be attached to the jacket of the measure. An 
amendment to any bill or resolution shall not be in order if the amendment affects the 
costs to or the revenues of a State-administered retirement or pension system, unless 
the amendment is accompanied by an actuarial note, prepared by the Fiscal Research 
Division, as to the actuarial effect of the amendment. 

(f) The Fiscal Research Division shall make all relevant actuarial notes available to 
the membership of the Senate. 

RULE 42.3. Assessment reports. — Every legislative proposal introduced in 
the Senate proposing the establishment of an occupational or professional licensing 
board or a study for the need to establish such a board shall have attached to the 
jacket of the original bill at the time of its consideration on second or third readings by 
the Senate or by any committee of the Senate prior to a favorable report, an assess- 
ment report from the Legislative Committes on New Licensing Boards, pursuant to 
Article 18A of Chapter 120 of the General Statutes. The assessment report shall not 
constitute any part of the expression of legislative intent proposed by the formation of 
a licensing board. 

Upon receipt of the request the Legislative Committee on New Licensing Boards 
shall prepare and return the assessment report as soon as possible but not later than 60 
days, reserving the right to extend this time to 90 days. A supplementary report shall 
be prepared and submitted to the requesting Senator not later than 30 days after the 
receipt of the request. 

RULE 42.4. Content of appropriations bills. — (a) No provision changing 
existing law shall be contained in any of the following bills: (1) the Current Opera- 
tions Appropriations Bill; (2) the Capital Improvement Appropriations Bill; (3) any 
bill generally revising appropriations for the second fiscal year of a biennium. 

(b) No amendment to any bill listed in subsection (a) of this rule shall be in order if 
the language is prohibited by that subsection. 

(c) Notwithstanding subsections (a) and (b) of this section, any of the bills listed in 
subsection (a) of this section or an amendment to such bill may change existing law if 
the change: 

(1) Alters expenditures or salaries; 

(2) Changes the scope or character of a program which must be re- 
duced, increased, or changed because of an increase or decrease 
of funds appropriated for the program or because of changes in 
federal law or regulation; or 

(3) Modifies any function of State government which necessitates a 
transfer of funds from one department to another; 

provided, that for a provision to be in order under this subsection, it must be recom- 
mended to the General Assembly in a written report adopted by the Appropriations 
Committee before or at the same time the bill is reported, or if such provision is con- 
tained in a floor amendment, the sponsor of the amendment must present to the Prin- 
cipal Clerk at or before the time the amendment is offered an explanation of the 
amendment for distribution to each member of the Senate. 

RULE 42.5. Appropriations committee meetings.— Notwithstanding the 
provisions of G.S. 143-14, and pursuant to the last sentence thereof, the 



March 20, 1989 



1989] SENATE JOURNAL 193 

Appropriations Chairman may in his or her sole discretion direct that the Appropria- 
tions Committee or its subcommittees or both may consider the budget and the budget 
plan including all appropriations in separate meetings from the House of Representa- 
tives and may do all things set forth in said Statute separately from the House of Rep- 
resentatives. 

RULE 43. First reading; reference to committee.— All bills filed for intro- 
duction and all House bills received in the office of the Principal Clerk not later than 
one and one-half hours preceding the convening of the Senate, upon presentation to 
the Senate, shall be read in regular order of business by their number and title which 
shall constitute the first reading of the bill. Unless otherwise disposed of, the Reading 
Clerk shall announce the referral of the bill which shall have been referred by the 
Principal Clerk of the Senate under the supervision of the Chairman of the Committee 
on Rules and Operation of the Senate or in his absence the Vice-Chairman of said 
Committee. The Principal Clerk shall inform the Presiding Officer of the referral. 
The title and referral shall be entered upon the Journal. 

Bills may be referred to more than one committee serially, i.e. "S.B. is 

referred to the Committee on Agriculture and upon a favorable report referred to the 
Appropriations Committee." 

RULE 44. Bills to receive three readings.— Every bill shall receive three 
readings previous to being passed, and the Presiding Officer shall give notice at each 
whether it be the first, second, or third. After the first reading, unless a motion is 
made by some Senator, the Reading Clerk shall announce the referral as set forth in 
Rule 43. No bill shall be amended upon the floor of the Senate until it has been twice 
read. Senate simple resolutions shall not require three readings. 

RULE 45. Reports of committees. — Every Senator presenting a report of a 
committee shall endorse the report with the name of the committee and, in case of a 
minority report, with the names of the members making the report. The report of the 
committee shall show that a majority of the committee was present and voted. Every 
report of the committee upon a bill or resolution shall stand upon the general orders 
with the bill or resolution. No committee shall report a bill or resolution without preju- 
dice. 

RULE 45.1. Action on amendment before re-referral.— If any committee 
recommends adoption of an amendment or committee substitute of a bill which, under 
the rules of the Senate must be referred to the Committee on Appropriations or Com- 
mittee on Finance, the amendment or committee substitute shall be considered and, if 
adopted, the amendment or substitute engrossed before the bill is re-referred. 

RULE 46. Unfavorable report by committee. — (a) All bills reported unfa- 
vorably by the committee to which they were referred, and having no minority report, 
shall lie upon the table, but may be taken from the table, and placed upon the calen- 
dar by a two-thirds vote of the membership of the Senate present and voting. 

(b) When a bill is reported by a committee with an unfavorable report, but accom- 
panied by a minority report, signed by at least three members of the committee who 
were present and who voted on the bill when the bill was considered in committee, 
then the minority report shall be placed on the calendar and considered the following 
day, and the question before the Senate shall be "The adoption of the Minority Re- 
port." If the minority report is adopted by a majority vote, the bill shall be placed 
upon the calendar; if the minority report is not adopted, the bill shall lie upon the 
table. 

RULE 47. Recall of bill from committee.— When a bill has been introduced 
and referred to a committee, if after 10 days the committee has failed to report 
thereon, then the author of the bill may, after three days' public notice given in the 



March 20, 1989 



194 SENATE JOURNAL [Session 

Senate and delivered in writing to the chairman of the committee, on motion supported 
by a vote of two-thirds of the membership of the Senate present and voting, recall the 
bill from the committee to the floor of the Senate for consideration and such action 
thereon as a majority of the Senators present may direct. This rule shall not be tem- 
porarily suspended without one day's notice on the motion given in the Senate and 
delivered in writing to the chairman of the committee and to sustain that motion two- 
thirds of the membership of the Senate present and voting shall be required. 

RULE 48. Calendar; order to be followed.— The Presiding Officer and the 
Principal Clerk of the Senate shall see that all bills are acted upon by the Senate in the 
order in which they stand upon the calendar, unless otherwise ordered as hereinafter 
provided. The published calendar shall include all bills reported favorably from com- 
mittees, or reported with a minority report attached, or placed on the calendar on 
motion: Provided, that the published local calendar may carry the number of each bill, 
the county or counties referred to, and an abbreviated statement of the title of the bill. 

RULE 49. Considering bills out of regular order. — Except as provided in 
Rule 50, any bill or other matter may be taken up out of order upon order of the 
Presiding Officer or upon motion sustained by a majority of the membership of the 
Senate. 

RULE 50. Third reading requirements.— No bill on its third reading shall 
be acted upon out of the regular order in which it stands on the calendar, and no bill 
shall be acted upon on its third reading the same day on which it passed its second 
reading, unless so ordered by two-thirds of the membership of the Senate present and 
voting. 

RULE 51. Special orders. — Any bill or other matter may be made a special 
order for a particular day or hour by a vote of the majority of the Senators voting, and 
if action on the bill is not completed on that day, it shall be returned to its place on the 
calendar, unless it is made a special order for another day; and when a special order is 
under consideration it shall take precedence over any special order or subsequent order 
for the day, but such subsequent order may be taken up immediately after the previous 
special order has been disposed of. 

RULE 52. Procedure when necessary number of Senators not pre- 
sent. — If, on taking the question on a bill, it appears that a constitutional quorum is 
not present, or if the bill requires a vote of a certain proportion of all the Senators to 
pass it, and it appears that such number is not present, the bill shall be again read and 
the question taken thereon; if the bill fails a second time for the want of the necessary 
number being present and voting, the bill shall not be finally lost, but shall be returned 
to the calendar in its proper order. 

RULE 53. Effect of defeated bill. — (a) After a bill has been tabled, or has 
failed to pass on any of its readings, the contents of such bill or the principal provi- 
sions of its subject matter shall not be embodied in any other measure. Upon the point 
of order being raised and sustained by the Presiding Officer, such measure shall be laid 
upon the table, and shall not be taken therefrom except by a vote of two-thirds of the 
membership of the Senate present and voting: Provided, no local bill shall be held by 
the Presiding Officer as embodying the provisions, or being identical with any state- 
wide measure which has been laid upon the table or failed to pass any of its readings. 

(b) When a bill has been postponed indefinitely by the Senate, the bill shall lie 
upon the table, and shall not be taken therefrom except by a vote of two-thirds of the 
membership of the Senate present and voting. 

RULE 54. Taking bill from table.— No bill which has been laid upon the 
table shall be taken therefrom except by a vote of two-thirds of the membership of the 
Senate present and voting. 



March 20, 1989 



1989] SENATE JOURNAL 195 

RULE 54.1. Bill title.— The title of each bill shall adequately and fairly reflect 
its subject matter. 

RULE 55. Amending titles of bills.— When a bill is materially modified or 
the scope of its application extended or decreased, or if the county, or counties, to 
which it applies is changed, the title of the bill shall be changed by the Senator intro- 
ducing the bill or by the committee having it in charge, or by the Principal Clerk, so as 
to indicate the full purport of the bill as amended and the county or counties to which it 
applies. 

RULE 56. Corrections of typographical errors in bills. — The Enrolling 
Clerk is authorized to make corrections of typographical errors in the text of bills at 
any time prior to ratification. Before the correction is made, the Enrolling Clerk shall 
have the approval of the Chairman of the Committee on Rules and Operation of the 
Senate or, in his absence, the Vice-Chairman of said Committee. 

RULE 57. Conference committee. — Whenever the Senate fails to concur in 
amendments or committee substitutes put by the House to a bill originating in the 
Senate, or whenever the House of Representatives fails to concur in amendments or 
committee substitutes put by the Senate to a bill originating in the House, a conference 
committee shall be appointed by the President Pro Tempore of the Senate or in his 
absence the Deputy President Pro Tempore, upon motion, and the bill under consid- 
eration shall thereupon go to and be considered by the joint conferees on the part of 
the Senate and House of Representatives. Senate conferees shall not be less than 
three nor more than twelve and shall include the primary sponsor and the chairman of 
each committee which considered the bill. In considering matters in difference be- 
tween the Senate and House committed to the conferees, only such matters as are in 
difference between the two houses shall be considered by the conferees, and the con- 
ference report shall deal only with such matters. In conference committee a majority 
of the Senate conferees shall be the Senate's position on any matter in which a vote is 
taken. The conference report shall not be amended. Except as herein set out, the 
rules of the United States House of Representatives shall govern the appointment, con- 
duct, and reports of the conferees. 

RULE 57.1. Amendments and committee substitutes adopted by the 
House to bills originating in the Senate. — (a) Whenever the House has 
adopted an amendment or a committee substitute for a bill originating in the Senate, 
and has returned the bill to the Senate for concurrence in that amendment or commit- 
tee substitute, the Senate may not concur in that amendment or committee substitute 
until the next legislative day following the day on which the Senate receives that meas- 
ure. 

(b) The Principal Clerk under the supervision of the Chairman of the Rules and 
Operation Committee of the Senate may, and upon motion supported by a majority of 
the Senate present and voting, shall refer the bill to an appropriate committee for con- 
sideration of the amendment or committee substitute. 

(c) The Presiding Officer shall, in placing the bill on the calendar, rule whether the 
amendment or committee substitute is a material amendment under Article II, Section 
23, of the State's Constitution. If the measure is referred to committee, the commit- 
tee shall: 

i. Report the bill with the recommendation either that the Senate 

concur or that the Senate do not concur; and 
ii. Advise the Presiding Officer as to whether or not the amendment 

or committee substitute is a material amendment under Article II, 

Section 23, of the State's Constitution. 

(d) If the amendment or committee substitute for a bill is not a material amend- 
ment, the question before the Senate shall be concurrence. In the event there is more 
than one House Amendment, the question shall be concurrence in all the House 



March 20, 1989 



196 SENATE JOURNAL [Session 

amendments and the question may not be divided, notwithstanding Rule 28. The 
question which shall be put before the Senate by the Presiding Officer shall be: "Does 
the Senate Concur in the House Amendments (Committee Substitute) to S.B. ?." 

(e) If the amendment or committee substitute for a bill is a material amendment, 
the receiving of that bill on messages shall constitute first reading and the question 
before the Senate shall be concurrence on second reading. If the motion is passed, the 
question then shall be concurrence on third reading on the next legislative day. 

(f) No committee substitute adopted by the House to a bill originating in the Senate 
may be amended by the Senate. 

RULE 57.2. Germaneness of amendment.— All amendments and commit- 
tee substitutes shall be germane to the original subject matter of the bill. 

RULE 58. Certification of passage of bills.— The Principal Clerk shall 
certify the passage of bills by the Senate, with the date thereof, together with the fact 
whether passed by vote of three-fifths or two-thirds of the membership of the Senate 
present and voting, whenever such vote may be required by the Constitution or laws of 
the State. 

RULE 59. Transmittal of bills to House.— No bill shall be sent from the 
Senate on the day of its passage except on the last day of the session, unless otherwise 
ordered by a vote of two-thirds of the membership of the Senate present and voting. 

RULE 59.1. Engrossment.— Bills and resolutions, except those making ap- 
propriations, which originate in the Senate and which are amended shall be engrossed 
before being sent to the House. 

VII. Legislative Officers and Employees 

RULE 60. Pages. — The President Pro Tempore of the Senate shall appoint 
pages. The President Pro Tempore, or such person as he may designate, shall super- 
vise the pages and assign to them their duties. Each page shall be at least 14 years of 
age. 

RULE 61. Sergeants-at-Arms. — (a) There shall be 14 positions of Assistant 
Sergeants-at-Arms to be appointed by the Sergeant-at-Arms who are to work under 
his or her supervision and to be assigned such duties and powers as he or she shall 
direct. 

(b) The Sergeant-at-Arms shall be responsible for the safety of the members and 
employees of the Senate while in the Senate Chamber, or any place in which the Sen- 
ate or its committees are in session. 

(c) The Sergeant-at-Arms shall serve all warrants and subpoenas issued by orders 
of the Senate and signed by the Presiding Officer of the Senate, and said warrants and 
subpoenas shall be returnable to the Principal Clerk of the Senate. 

RULE 62. Principal Clerk's staff.— The Principal Clerk of the Senate shall 
employ all necessary employees and clerks required to carry out the duties of his or her 
office. The Principal Clerk shall have supervision and control, and shall assign such 
duties and powers as he or she shall direct to his or her employees and clerks. 

RULE 63. Committee clerks and secretaries. — (a) Each committee shall 
have a clerk. The clerk to a committee shall serve as secretary to the chairman of that 
committee. 

(b) Each member shall be assigned a secretary, unless he or she has a committee 
clerk to serve as his or her secretary. 

(c) The selection of said clerk and/or secretary shall be the prerogative of the indi- 
vidual member. Such clerks and secretaries shall file initial applications for employ- 
ment with the Supervisor of Clerks and shall receive compensation as prescribed by the 
Legislative Services Commission. The employment period of clerks and secretaries 



March 20, 1989 



1989] SENATE JOURNAL 197 

shall comply with the period as established by the Legislative Services Commission 
unless employment for an extended period is approved by the President Pro Tempore. 
The clerks and secretaries shall adhere to such uniform regulations and other condi- 
tions of employment (including retention) under the direction of the Supervisor of 
Clerks as the Committee on Rules and Operation of the Senate shall adopt. 

(d) The Supervisor of Clerks and any assistants shall be appointed by the President 
Pro Tempore of the Senate. 

RULE 64. Senate Journal.— The Principal Clerk shall prepare and be respon- 
sible for the Journal. The President Pro Tempore or, in his absence, the Deputy 
President Pro Tempore shall examine the Journal to determine if the proceedings of 
the previous day have been correctly recorded. 

RULE 65. Deputy President Pro Tempore. — The Senate shall elect a Dep- 
uty President Pro Tempore. 

VIII. General Rules 

RULE 66. President to sign papers.— All acts, addresses and resolutions, 
and all warrants and subpoenas issued by order of the Senate shall be signed by the 
President or by the President Pro Tempore presiding in his absence. 

RULE 67. Admission to the floor of the Senate.— No person except mem- 
bers of the Senate, members of the House of Representatives, staff of the General 
Assembly; staff of the Lieutenant Governor; Judges of the Supreme Court, Court of 
Appeals, and Superior Courts; the Governor and members of the Council of State; 
former members of the General Assembly; and persons particularly invited and ex- 
tended the privileges of the floor by the President Pro Tempore or in his absence, the 
Deputy President Pro Tempore shall be admitted to the floor of the Senate during its 
session. Notwithstanding any other provision of these rules, no registered lobbyist 
shall be admitted to the floor of the Senate or Senate Chamber while the Senate is in 



RULE 68. Privileges of the floor. — Any group or individual other than mem- 
bers of the Senate who desires to make remarks upon the floor of the Senate will first 
obtain approval of the Chairman or, in his absence, the Vice-Chairman of the Com- 
mittee on Rules and Operation of the Senate. 

RULE 69. News media. — The President is authorized to assign area and equip- 
ment on the floor of the Senate for the use of the representatives of news media; and 
the President shall provide regulations for the operation of the representatives of the 
news media on the floor of the Senate. 

RULE 70. Absence without leave.— No Senator or officer of the Senate shall 
depart the service of the Senate without leave, or receive pay as a Senator or officer for 
the time he is absent without leave. 

RULE 71. Placing material on Senators' desks. — Any person other than a 
member of the Senate desiring to place articles of any kind on or about desks in the 
Senate Chamber or in the offices of the members of the Senate shall make written 
application to, and obtain written approval from the Principal Clerk. 

RULE 72. Assignment of seats; offices. — (a) The President Pro Tempore 
of the Senate shall assign seats in the Senate Chamber to the members elected. In 
making such assignments, each member elected to the immediate preceding session of 
the Senate shall be entitled to the seat occupied by him or to his selection of any other 
seat vacated. The President Pro Tempore, when assigning seats, shall give preferen- 
tial consideration to the respective members according to the length of service which 



March 20, 1989 



198 SENATE JOURNAL [Session 

each member has rendered in the Senate. No incumbent appointed to fill an unex- 
pired term in the immediate preceding session shall retain the seat if requested by a 
Senator elected to said session. 

(b) Not later than two days after the initial committee assignments become final, 
the President Pro Tempore of the Senate is authorized to make assignments of com- 
mittee rooms and offices to designated committees, chairmen, and members of the 
Senate. The office adjacent to any committee room assigned to a principal committee 
by the President Pro Tempore shall be automatically assigned to the chairman of the 
principal committee. In making such assignments of individual offices, the President 
Pro Tempore shall give preferential consideration to the respective members according 
to the length of service which each member has rendered in the Senate. 

RULE 73. Administrative rules and regulations involving Senate em- 
ployees. — All administrative rules, regulations and orders involving all individuals 
employed to perform duties for the Senate, other than those appointed by the Principal 
Clerk and the Sergeant-at-Arms, shall be first approved by the Committee on Rules 
and Operation of the Senate. 

RULE 74. Public hearings. — Any Senator may request in writing a public 
hearing on a public bill. Requests may be granted in the discretion of the Chairman. 
Notice shall be given not less than five calendar days prior to public hearings. Such 
notices shall be issued as information for the press and the information shall be posted 
in the places designated by the Principal Clerk. 

RULE 75. Public hearings, filing of written statements. — Persons desir- 
ing to appear and be heard at a public hearing are encouraged to file with the chair- 
man of the committee a brief or a written statement of the remarks to be made at least 
24 hours before the time of the hearing. 

RULE 76. Voting in joint sessions. — When any Senate Committee sits jointly 
with the House Committee, the Senate Committee reserves the right to vote separately 
from the House Committee. 

RULE 77. Alterations, suspension or rescission of rules. — (a) These 
rules may not be permanently rescinded or altered except by Senate simple resolution 
passed by a two-thirds vote of the membership of the Senate. The introducer of the 
resolution must, on the floor of the Senate, give notice of his intent to introduce the 
resolution on the legislative day preceding its introduction. 

(b) Except as otherwise provided herein, the Senate, upon two-thirds vote of the 
membership of the Senate present and voting, may temporarily suspend any of these 
rules. 

Sec. 2. This resolution is effective upon its adoption. 

S.B. 324 (Committee Substitute), a bill to provide for the management of hazard- 
ous waste in North Carolina, to create the North Carolina Industrial Waste Manage- 
ment Commission, to abolish the North Carolina Hazardous Waste Treatment Com- 
mission and transfer its functions, powers, and duties to the North Carolina Industrial 
Waste Management Commission, to amend various statutes relating to the manage- 
ment of hazardous waste, and to make conforming changes to other statutes, as 
amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Par- 
nell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Swain, Taft, Tally, Walker, Ward, and Winner— 47. 



March 20, 1989 



1989] SENATE JOURNAL 199 

Voting in the negative: None. 

The Committee Sutstitute bill, as amended, is ordered engrossed and sent to the 
House of Representatives. 

S.B. 204, a bill to clarify that a person requesting from the business license infor- 
mation office a written list of State licenses relating to a specific business activity may 
not be penalized for failure to obtain a license which was not included in the list. 

On motion of Senator Plyler, duly seconded, the bill is postponed indefinitely. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Cobb moves that Rule 40 be suspended to allow the introduction and refer- 
ral to committee of the following bill which motion prevails by a two-thirds majority 
vote. 

By Senator Cobb: 

S.B. 550, a bill to establish a Statewide Career Development Program, adopt a 
graduated teacher salary schedule, provide a salary increase for teachers and State 
employees, increase the State sales tax, reduce the State sales tax on food and non- 
prescription medicine, provide for monthly payment of utility sales and franchise 
taxes, and create the Public School Finance Fund. 

Referred to Ways and Means Committee and upon a favorable report re- 
referred to Finance Committee. 

The President recognizes the following pages serving in the Senate this week: 

Michael Shawn Adams, Matthews; Jack J. Baldwin, Albemarle; Peter Michael 
Bolish, Jacksonville; Robert Oliver Britt, Clinton; William B. Corkey, Raleigh; War- 
ren Richard Cox, Laurinburg; James Gary Gardner, Stantonsburg; Rodney Craig 
Howard, Burlington; Mary Joyce Jenkins, Salisbury; David Banning Marlowe, Hen- 
dersonville; Jacqueline Hunt McDonald, Tabor City; Todd Norris, Tabor City, Steve 
Periconi, Hickory; Shalon Brenee Ruffin, Garner; Fredrika Celicia Simons, Louis- 
burg; Keenan Jarrod Tarpley, Burlington; Erick A. Williams, Ahoskie; and Emily 
Dixon Workman, Mebane. 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 8:40 P.M. to meet tomorrow, March 21, at 2:00 P.M. 



FORTIETH DAY 

Senate Chamber, 
Tuesday, March 21, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Reverend Bruce Stanley, Associate Minister of Edenton 
Street Methodist Church, Raleigh, as follows: 

"Lord, You have set around and before us a great many things in which we are able 
to take pleasure. Yet, the pursuit of pleasure is not our main purpose in life. You 
have enabled those here to hold positions of power and prestige, yet neither of these 
can be our purpose either. Let us not be blind to the proper uses of pleasure, power, 



March 21, 1989 



200 SENATE JOURNAL [Session 

or prestige, but let us not focus on those either. Rather, let all assembled here see 
their mission in life as service to others. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 20, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Cobb, who is attending 
a meeting in Washington, D.C., and to Senator Staton, who is attending a Social 
Security hearing. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 130 (Committee Substitute), a bill to prohibit the dumping of medical waste 
products into the open waters of the Atlantic Ocean and State waters and to strengthen 
the solid waste program, with a favorable report, as amended. 

By Senator Soles for the Judiciary II Committee: 

S.B. 399, a bill to provide for the uniform reporting of acts of ethnic harassment, 
with a favorable report, as amended. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Basnight: 

S.B. 551, a bill to clarify the scope of State guidelines that may be adopted under 
the Coastal Area Management Act. 

Referred to Marine Resources and Wildlife Committee. 

By Senator Goldston: 

S.B. 552, a bill to repeal the sunset date applicable to insurance premium taxes. 

Referred to Finance Committee. 

By Senator Daughtry: 

S.B. 553, a bill to allow the Town of Benson to impose water and wastewater line 
capacity charges. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 554, a bill to allow the municipalities in the County of Wilson to regulate 
junked cars. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Ezzell and Martin of Pitt: 

S.B. 555, a bill to exempt the City of Rocky Mount from certain zoning notice 
requirements. 

Referred to Local Government and Regional Affairs Committee. 



March 21, 1989 



1989] SENATE JOURNAL 201 

By Senators Ezzell and Martin of Pitt: 

S.B. 556, a bill to amend the Charter of the City of Rocky Mount to provide for an 
alternative eminent domain procedure. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Rauch, Harris, and Hunt of Moore: 

S.B. 557, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects of the constitu- 
ent institutions of the University of North Carolina. 

Referred to Finance Committee. 

By Senators Rauch, Harris, and Hunt of Moore: 

S.B. 558, a bill to appropriate funds for the rape crisis centers throughout the State. 

Referred to Appropriations Committee. 

By Senator Rauch: 

S.B. 559, a bill creating the North Carolina Municipal Pooled Capital Projects Fi- 
nancing Agency and the North Carolina County Pooled Capital Projects Financing 
Agency, such agencies to provide financing for the acquisition, construction and in- 
stallation by municipalities and counties respectively, of capital projects, including the 
acquisition of equipment, and amending certain general laws. 

Referred to Finance Committee. 

By Senators Barker, Cobb, and Kaplan: 

S.B. 560, a bill to provide for the appointment of a new North Carolina Wildlife 
Resources Commission. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Appropriations Committee. 

By Senator Sands: 

S.B. 561, a bill to allow the Stokes County Board of Commissioners to adopt ordi- 
nances to beautify the County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 562, a bill to adjust the maximum annual retirement benefits payable from the 
Reidsville Firemen's Supplemental Retirement Fund. 
Referred to Pensions and Retirement Committee. 

By Senator Sands: 

S.B. 563, a bill to allow the Rockingham County Board of Commissioners to adopt 
ordinances to beautify the County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 564, a bill to allow the Surry County Board of Commissioners to adopt ordi- 
nances to beautify the County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 565, a bill to allow the Alleghany County Board of Commissioners to adopt 
ordinances to beautify the County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 566, a bill to repeal the requirement that lienholders of record file a request in 
order to receive notice of an in rem tax foreclosure. 
Referred to Judiciary II Committee. 



March 21, 1989 



202 SENATE JOURNAL [Session 

By Senator Sands: 

S.B. 567, a bill to allow the Ashe County Board of Commissioners to adopt ordi- 
nances to beautify the County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Sands: 

S.B. 568, a bill to allow the Watauga County Board of Commissioners to adopt 
ordinances to beautify the County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Taft and Martin of Pitt: 

S.B. 569, a bill to amend referendum procedures for Charter amendments for the 
City of Greenville. 

Referred to Election Laws Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 342, a bill to restrict the Department of Transportation from cutting down 
trees except in certain situations. 

Referred to Transportation Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 265 (Committee Substitute), a bill concerning recording of instruments. 
The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 335, a bill to incorporate the Town of North Topsail Beach, subject to a refer- 
endum, with a favorable report. 

S.B. 351, a bill to amend the Charter of the City of Greenville to provide that the 
City Council shall appoint the city clerk, with a favorable report. 

S.B. 384, a bill to annex areas lying within the corporate boundaries of the Town of 
Louisburg to that Town, with a favorable report. 

H.B. 113, a bill to set out the boundaries of the Town of Harmony, and to validate 
actions of the Town, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 410, a bill enabling the County of New Hanover to establish an Airport 
Authority for the operation and maintenance of airport facilities in the County of New 



March 21, 1989 



1989] SENATE JOURNAL 203 

Hanover for the citizens of New Hanover County and vicinity, with a favorable report, 
as amended. 

By Senator Taft for the Election Laws Committee: 

S.B. 438, a bill to provide for nonpartisan election of the Union County Board of 
Education at the time of the general election, with a favorable report. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

Senator Guy moves that Rule 40 be suspended to allow the introduction of the fol- 
lowing bill which motion prevails by a two-thirds majority vote. 

By Senator Guy: 

S.B. 595, a bill to provide that in filling a vacancy in the office of sheriff of Onslow 
County, the Onslow County Board of Commissioners must appoint the nominee of the 
Party Executive Committee of the vacating sheriff. 

On motion of Senator Guy, the bill is placed before the Senate for immediate con- 
sideration. 

Senator Rauch offers Amendment No. 1 which is adopted (42-0) changing the title, 
pursuant to Rule 55, to read, S.B. 595, a bill to provide that in filling a vacancy in the 
office of sheriff of Onslow, Gaston, and Lincoln Counties, the County Board of Com- 
missioners must appoint the nominee of the Party Executive Committee of the vacating 
sheriff. 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 



JOINT SESSION TO CONFIRM UTILITIES COMMISSION 
APPOINTMENTS 

Pursuant to S.J.R. 220, a joint resolution providing for a joint session or sessions 
of the House of Representatives and the Senate to act on confirmation of the appoint- 
ments made by the Governor to membership on the North Carolina Utilities Commis- 
sion and to the position of Executive Director of the Public Staff and providing for 
review of the Governor's appointments by the House Committee on Infrastructure and 
the Senate Committee on Commerce, the President of the Senate announces a Joint 
Session of the General Assembly for Thursday, March 23, at 1:30 P.M. to act on the 
Governor's appointment of Robert Gruber as the Executive Director of the North 
Carolina Utilities Commission Public Staff for the term beginning July 1, 1989, and 
ending June 30, 1995; and the appointment of Charles H. Hughes as a North Carolina 
Public Utilities Commissioner for the term beginning July 1, 1989, and ending June 
30, 1997, and further to fill the unexpired term ending June 30, 1989, created by the 
resignation of Robert K. Koger. 

The President orders a special message sent to the House of Representatives inform- 
ing that Honorable Body of such action. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 2:34 P.M. to meet tomorrow, March 22, at 2:00 P.M. 



March 21, 1989 



204 SENATE JOURNAL [Session 

FORTY-FIRST DAY 

Senate Chamber, 
Wednesday, March 22, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God of suffering love, we acknowledge before Thee that we are persons with 
unpayable debts; we are the children of sacrifice; our choicest blessings have been 
bought with blood and tears which were not our own. 

"Save us, O Lord, from the sin of ingratitude, and from any undue pride in our 
achievements; rather, on this Holy Wednesday, may we, at this altar of remem- 
brance, join that noble company of those who bow with a thankful heart, and who 
serve with a willing spirit. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 21, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

S.J.R. 368, a joint resolution honoring Albert Schweitzer by proclaiming Albert 
Schweitzer Week. (Res. 7) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Barker for the Marine Resources and Wildlife Committee: 

S.B. 170 (Committee Substitute), a bill to provide a definition of machine gun and 
submachine gun, with a favorable report, as amended. 

S.B. 560, a bill to provide for the appointment of a new North Carolina Wildlife 
Resources Commission, with a favorable report, as amended. 

On motion of Senator Barker, the bill is placed on the Calendar for tomorrow, 
March 23. 

By Senator Hunt of Moore for the State Personnel Committee: 

S.B. 125, a bill to encourage reporting of fraud, waste, and abuse in State govern- 
ment and endangerment to the public health and safety, and to protect informant State 
employees from retaliation, with a favorable report, as amended. 

By Senator Sherron for the State Government Committee: 

S.B. 182, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion, with a favorable report, as amended. 



March 22, 1989 



1989] SENATE JOURNAL 205 

S.B. 306, a bill to delete the requirement that the Division of Parks and Recreation 
report to the Joint Legislative Commission on Governmental Operations regarding 
ranger residences and Lake James State Park and to repeal the sunset on legislation 
regarding construction of ranger residences, with a favorable report, as amended. 

By Senator Rauch for the Finance Committee: 

S.B. 63, a bill to authorize a county to permit taxpayers to appeal decisions of the 
Board of Equalization and Review to the Board of County Commissioners, with a fa- 
vorable report. 

S.B. 119, a bill to repeal the privilege license tax for flea market vendors, to in- 
crease the tax for flea market operators, to exempt governmental entities from the tax, 
to redefine flea markets as "speciality markets", and to increase the penalty for cer- 
tain violations, with a favorable report. 

H.B. 112, a bill to provide a fee of four dollars for filing with the local tax collector 
a request for notification of a tax foreclosure, with a favorable report. 

S.B. 15 (Committee Substitute), a bill decreasing the interest to be paid on partial 
license fees, with a favorable report, as amended. 

S.B. 212, a bill to exempt from income tax scholarship funds for travel and related 
expenses for internships that are part of the scholarship program of the educational 
institution and that require the recipient to live away from the educational institution, 
with a favorable report, as amended. 

By Senator Harris for the Human Resources Committee: 

S.B. 197, a bill to require food service workers who handle unwrapped food to wear 
gloves or use a utensil when handling unwrapped food, with a favorable report. 

S.B. 386, a bill to regulate public swimming pools, with a favorable report, with 
Amendment No. 2 pending. 

S.B. 413, a bill to provide for the assignment to the State of the right to third party 
benefits in Department of Human Resources medical payment programs, with a favor- 
able report. 

S.B. 414, a bill to change the name of alcoholic rehabilitation centers, with a fa- 
vorable report. 

S.B. 416, a bill to clarify the medical contraindications to State-mandated immuni- 
zations, with a favorable report. 

By Senator Raynor for the Veterans Affairs, Law Enforcement, and Senior 
Citizens Committee: 

S.B. 383, a bill to broaden coverage under the State scholarship program for Chil- 
dren of War Veterans and establish entitlement termination dates, with a favorable 
report, as amended. 

On motion of Senator Raynor, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Appropriations 
Committee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



March 22, 1989 



206 SENATE JOURNAL [Session 

By Senators Martin of Guilford, Chalk, and Shaw: 

S.B. 570, a bill to allow the City of Greensboro to exercise the power of eminent 
domain under certain conditions to provide housing for low-and moderate-income 
persons. 

On motion of Senator Martin of Guilford, the bill is ordered held as filed in the 
Office of the Principal Clerk. 

By Senators Sherron, Carpenter, Cochrane, Daughtry, Hardin, Johnson of Wake, 
Kaplan, Murphy, Odom, Sands, Shaw, Smith, Soles, Taft, Tally, Ward, and Win- 
ner: 

S.B. 571, a bill to appropriate funds to purchase critical lands and in-holdings in 
existing State parks and to provide emergency land acquisition assistance to create a 
new State park in Cherokee county. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Appropriations Committee. 

By Senators Winner and Swain: 

S.B. 572, a bill to repeal an exemption for Buncombe County and its municipalities 
from acts authorizing local governments to engage in certain economic development 
activity and to issue economic development bonds. 

Referred to Finance Committee. 

By Senators Marvin, Rauch, and Harris: 

S.B. 573, a bill to prohibit hunting from the rights-of-way and hunting while im- 
paired in Rutherford County. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Plyler and Conder: 

S.B. 574, a bill to modify the method of electing members of the Albemarle City 
School Board of Education. 

Referred to Election Laws Committee. 

By Senator Speed: 

S.B. 575, a bill to permit the Town of Wake Forest to make special assessments for 
downtown parking improvements. 
Referred to Finance Committee. 

By Senator Speed: 

S.B. 576, a bill to allow the Town of Wake Forest to impose facility fees. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Speed, Ballance, Barker, Basnight, Block, Daniel, Hunt of Durham, 
Hunt of Moore, Martin of Guilford, Murphy, Parnell, Richardson, Soles, and Taft: 

S.B. 577, a bill to amend the Plant Protection and Conservation Act. 

Referred to Agriculture Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senators Speed, Ballance, Basnight, Block, Daniel, Hunt of Durham, Hunt of 
Moore, Murphy, Parnell, Richardson, Soles, and Taft: 

S.B. 578, a bill to provide for State registration of consulting foresters. 
Referred to Agriculture Committee. 

By Senator Block: 

S.B. 579, a bill to provide for better government in towns in Pender County. 

Referred to Local Government and Regional Affairs Committee. 



March 22, 1989 



1989] SENATE JOURNAL 207 

By Senator Block: 

S.B. 580, a bill to define storm drainage systems as an eligible revenue bond pro- 
ject. 

On motion of Senator Block, the bill is ordered held as filed in the Office of the 
Principal Clerk. 

By Senator Block: 

S.B. 581, a bill to include storm drainage systems as a purpose for which counties 
may levy property taxes with restrictions. 

On motion of Senator Block, the bill is ordered held as filed in the Office of the 
Principal Clerk. 

By Senator Johnson of Cabarrus: 

S.B. 582, a bill to amend the law regarding Cabarrus County's acquisition of prop- 
erty by eminent domain for airport purposes. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 583, a bill to define storm drainage systems as a utility under the Local Gov- 
ernment Bond Act. 

On motion of Senator Block, the bill is ordered held as filed in the Office of the 
Principal Clerk. 

By Senator Block: 

S.B. 584, a bill to authorize counties to construct and operate storm drainage sys- 
tems as a public enterprise. 

On motion of Senator Block, the bill is ordered held as filed in the Office of the 
Principal Clerk. 

By Senator Block: 

S.B. 585, a bill to authorize cities to construct and operate storm drainage systems 
as a public enterprise. 

On motion of Senator Block, the bill is ordered held as filed in the Office of the 
Principal Clerk. 

By Senator Block: 

S.B. 586, a bill to appropriate funds to expand the New Hanover County Museum 
of the Lower Cape Fear. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 587, a bill to provide for better government in Pender County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 588, a bill to provide for better government in New Hanover County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 589, a bill to provide for better government in cities in New Hanover County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Carpenter and Hardin: 

S.B. 590, a bill to prohibit the use of gill netting, dynamite, and special fishing 
devices in the taking of fish on Lake Santeetlah, Fontana Lake, Cheoah Lake, and 
Calderwood Lake in Graham and Swain Counties. 

Referred to Marine Resources and Wildlife Committee. 



March 22, 1989 



208 SENATE JOURNAL [Session 

By Senators Carpenter and Hardin: 

S.B. 591, a bill to appropriate funds to complete the Andrews Depot. 

Referred to Appropriations Committee. 

By Senators Carpenter and Hardin: 

S.B. 592, a bill to appropriate funds for the Marianna Black Library and Fontana 
Regional Library. 

Referred to Appropriations Committee. 

By Senator Simpson: 

S.B. 593, a bill regarding the identity of a driver who passes a stopped school bus. 

Referred to Judiciary II Committee. 

By Senator Barker: 

S.B. 594, a bill to permit management of the Pamlico County fox population by the 
Wildlife Resources Commission. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Bryan and Allran: 

S.B. 596, a bill to amend the laws in Iredell County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Bryan and Allran: 

S.B. 597, a bill to amend the laws in Yadkin County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Bryan and Allran: 

S.B. 598, a bill to amend the laws in Alexander County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Smith and Cochrane: 

S.B. 599, a bill to incorporate the Town of Welcome subject to a referendum. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Odom: 

S.B. 600, a bill to permit local boards of education to purchase mutual fund shares 
as part of annuity contracts with school employees. 
Referred to Education Committee. 

By Senators Johnson of Wake, Sherron, and Speed: 

S.B. 601, a bill to amend G.S. 153A-343 as it applies to Wake County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Johnson of Wake and Speed: 

S.B. 602, a bill to provide for the authority for the Wake County Board of Commis- 
sioners to enact an ordinance imposing impact fees. 
Referred to Finance Committee. 

By Senators Martin of Guilford, Chalk, and Shaw: 

S.B. 603, a bill to amend the Greensboro City School Code with respect to election 
of the Greensboro City Board of Education. 

On motion of Senator Martin of Guilford, the bill is ordered held as filed in the 
Office of the Principal Clerk. 

By Senator Daniel: 

S.B. 604, a bill to clarify the authority of Caswell County to collect a motor vehicle 
tax. 

Referred to Finance Committee. 



March 22, 1989 



1989] SENATE JOURNAL 209 

By Senator Swain: 

S.B. 605, a bill to amend the laws concerning the Private Protective Services Board 
and the Private Protective Services Recovery Fund. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Parnell: 

S.B. 606, a bill to allow the interim Board of Education for the Public Schools of 
Robeson County to elect their own officers. 
Referred to Education Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 120, a bill to amend Chapter 761 of the 1983 Session Laws to provide special 
assistance funds for residents of group homes under contract to an area mental health 
authority. 

Referred to Appropriations Committee. 

S.B. 157, a bill to amend the Uniform Relocation Assistance Act in order to con- 
form to amendments in the Federal Act, for concurrence in House Amendment No. 1 
which is placed on the Calendar for tomorrow, March 23. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 335, a bill to incorporate the Town of North Topsail Beach, subject to a refer- 
endum, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Moore, Johnson of Cabarrus, Johnson 
of Wake, Kaplan, Kincaid, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, 
Rauch, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Swain, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: Senator Hunt of Durham— 1. 

The bill remains on the Calendar for tomorrow, March 23, for further consideration 
upon third reading. 

S.B. 384, a bill to annex areas lying within the corporate boundaries of the Town of 
Louisburg to that Town, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Marvin, Murphy, 
Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Swain, Tally, Walker, and Ward— 46. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, March 23, for further consideration 
upon third reading. 

S.B. 410, a bill enabling the County of New Hanover to establish an Airport 
Authority for the operation and maintenance of airport facilities in the County of New 
Hanover for the citizens of New Hanover County and vicinity, upon second reading. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted (47-0). 



March 22, 1989 



210 SENATE JOURNAL [Session 

The bill, as amended, passes its second reading by roll-call vote, ayes 45, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Martin of Guilford, Marvin, Murphy, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, 
Speed, Staton, Swain, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow, March 23, for further 
consideration upon third reading. 

S.B. 351, a bill to amend the Charter of the City of Greenville to provide that the 
City Council shall appoint the city clerk. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 438, a bill to provide for nonpartisan election of the Union County Board of 
Education at the time of the general election. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 130 (Committee Substitute), a bill to prohibit the dumping of medical waste 
products into the open waters of the Atlantic Ocean and State waters and to strengthen 
the solid waste program. 

On motion of Senator Johnson of Wake, Committee Amendment No. 1 is adopted 
(44-0). 

On motion of Senator Rauch, pursuant to Rule 42, the Committee Substitute bill, as 
amended, is ordered engrossed and re-referred to the Finance Committee. 

S.B. 399, a bill to provide for the Uniform Reporting of Acts of ethnic harassment. 
On motion of Senator Soles, Committee Amendment No. 1 is adopted (44-0). 
Without objection, on motion of Senator Harris, the bill, as amended, is ordered 
engrossed and re-referred to the Judiciary I Committee. 

On motion of Senator Barnes, seconded by Senator Sands, the Senate adjourns at 
2:50 P.M. to meet tomorrow, March 23, at 1:30 P.M. 



FORTY-SECOND DAY 

Senate Chamber, 
Thursday, March 23, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Joel Jenkins, Pastor of First Baptist Church, Salisbury, as 
follows: 

"Our Father, we thank You for this great nation, we thank You for this great State. 
We thank You for Your bounty and Your blessings that are ours to enjoy. We also 
thank You for people who make themselves available to serve others as these have. 
Today we ask for wisdom, we ask for courage, we ask for endurance, to face the tasks 
that await each of us. We also ask for Your protection and Your care for these, as 



March 23, 1989 



1989] SENATE JOURNAL 211 

many of them will be journeying home later today, and all of these things we are 
mindful that we do have an obligation to each other and to the greater good of all. In 
Your wonderful Name, we pray. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 22, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senator Ballance and to Senator 
Daniel, who is attending the dedication services of the dormitory facilities at the Cas- 
well County Prison. 

On motion of Senator Odom, by unanimous consent, his presence on Wednesday, 
March 22, is recorded. 

The hour having arrived for the Joint Session of the Senate and House of Represen- 
tatives, pursuant to S.J.R. 220, a joint resolution providing for a joint session or 
sessions of the House of Representatives and the Senate to act on confirmation of the 
appointments made by the Governor to membership on the North Carolina Utilities 
Commission and to the position of Executive Director of the Public Staff and providing 
for review of the Governor's appointments by the House Committee on Infrastructure 
and the Senate Committee on Commerce, the President orders a message sent to the 
House of Representatives informing that Honorable Body that the Senate stands ready 
to repair to the Hall of the House. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

House of Representatives 

March 23, 1989 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to S.J.R. 220, "A JOINT RESOLUTION PROVIDING FOR A 
JOINT SESSION OR SESSIONS OF THE HOUSE OF REPRESENTA- 
TIVES AND THE SENATE TO ACT ON CONFIRMATION OF THE AP- 
POINTMENTS MADE BY THE GOVERNOR TO MEMBERSHIP ON 
THE NORTH CAROLINA UTILITIES COMMISSION AND TO THE PO- 
SITION OF EXECUTIVE DIRECTOR OF THE PUBLIC STAFF AND 
PROVIDING FOR REVIEW OF THE GOVERNORS APPOINTMENTS 
BY THE HOUSE COMMITTEE ON INFRASTRUCTURE AND THE 
SENATE COMMITTEE ON COMMERCE", the House of Representatives 
stands ready to receive the Senate in Joint Session at the hour appointed. 

Respectfully, 
S/Grace Collins 
Principal Clerk 

On motion of Senator Barnes, the Senate recesses to repair to the Hall of the House 
of Representatives, there to sit in Joint Session, and on his further motion, upon disso- 
lution of the Joint Session to return to the Senate Chamber for the further considera- 
tion of business. 

JOINT SESSION 

The Senate is received by the members of the House of Representatives standing, 
and the Joint Session is called to order by Lieutenant Governor James C. Gardner, 
President of the Senate. 



March 23, 1989 



212 SENATE JOURNAL [Session 

The Clerk of the Senate calls the roll of the Senate, and the following members 
answer the call: Senators Allran, Barker, Barnes, Basnight, Block, Carpenter, 
Chalk, Cobb, Cochrane, Conder, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of 
Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Royall, 
Sands, Shaw, Smith, Soles, Speed, Swain, Taft, Tally, Walker, Ward, and Win- 
ner— 40. 

The roll-call of the House of Representatives is recorded electronically, and the 
following members answer the call: Representatives Abernethy, Albertson, Anderson, 
Arnold, Balmer, Barbee, Barnes, Beall, Beard, Blue, Bowen, Bowie, Bowman, 
Brawley, Brown, Brubaker, Buchanan, Burke, Chapin, Colton, Cooper, Craven, 
J.W. Crawford, N.J. Crawford, Creech, Cromer, Culp, Cunningham, Dawkins, 
Decker, DeVane, Dickson, Diggs, Duncan, Easterling, Edwards, L. Etheridge, B. 
Ethridge, Fitch, Flaherty, Fletcher, Foster, Fussell, Gardner, Gibson, Gist, Grady, 
Greenwood, Grimmer, Hackney, Hall, Hardaway, Hasty, Hege, Holmes, Holt, 
Howard, Jack Hunt, Judy Hunt, S. Hunt, H. Hunter, R. Hunter, Hurley, Isenhower, 
James, Jeralds, Jones, Justus, Kennedy, Kerr, Lail, Ligon, Lilley, Lineberry, Locks, 
Loflin, Lutz, McLaughlin, Mercer, Michaux, Miller, Mills, Nesbitt, Nye, Payne, 
Perdue, Pope, Ramsey, Redwine, Rhodes, Robinson, Rogers, Stam, Stamey, 
Stewart, Tart, R. Thompson, S. Thompson, Walker, Warner, Warren, Watkins, 
Weatherly, W. Wilson, Wiser, and Woodard— 106. 

Lieutenant Governor Gardner declares a quorum of each Body present. The Joint 
Session proceeds with the business for which it is convened. 

Lieutenant Governor Gardner directs the Reading Clerk of the House to read the 
following messages from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

January 30, 1989 

The Honorable James C. Gardner 
Lieutenant Governor of North Carolina 
State Capitol 
Raleigh, North Carolina 27603 

Re: North Carolina Utilities Commission 

Dear Lieutenant Governor Gardner: 

Pursuant to North Carolina General Statute Section 62-10, I hereby appoint Charles 
H. Hughes, of Wake County, to the North Carolina Utilities Commission for the term 
beginning July 1, 1989 and ending June 30, 1997 and to fill the vacancy created by the 
resignation of Robert K. Koger, whose term expires June 30, 1989, subject to confir- 
mation by the General Assembly in joint session. Furthermore, I hereby submit his 
name to the General Assembly for said confirmation. 

Sincerely, 

S/James G. Martin 
Governor 



March 23. 1989 



1989] SENATE JOURNAL 213 



STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

January 30, 1989 

The Honorable Josephus L. Mavretic 

Speaker of the House 

Legislative Building 

Raleigh, North Carolina 27611 

Re: North Carolina Utilities Commission 

Dear Speaker Mavretic: 

Pursuant to North Carolina General Statute Section 62-10, I hereby appoint Charles 
H. Hughes of Wake County to the North Carolina Utilities Commission for the term 
beginning July 1, 1989 and ending June 30, 1997 and to fill the vacancy created by the 
resignation of Robert K. Koger, whose term expires June 30, 1989 subject to confir- 
mation by the General Assembly in joint session. Furthermore, I hereby submit his 
name to the General Assembly for said confirmation. 

Sincerely, 

S/James G. Martin 
Governor 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

January 30, 1989 

The Honorable James C. Gardner 
Lieutenant Governor of North Carolina 
State Capitol 
Raleigh, North Carolina 27611 

Re: Executive Director of the North Carolina 
Utilities Commission Public Staff 

Dear Lieutenant Governor Gardner: 

Pursuant to North Carolina General Statute Section 62-15, I hereby appoint Robert 
Gruber of Wake County as the Executive Director of the North Carolina Utilities Com- 
mission Public Staff for the term beginning July 1, 1989 and ending June 30, 1995, 
subject to confirmation by the General Assembly in joint session. Furthermore, I 
hereby submit his name for said confirmation. 

Sincerely, 

S/James G. Martin 
Governor 



March 23, 1989 



214 SENATE JOURNAL [Session 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 

January 30, 1989 

The Honorable Josephus L. Mavretic 

Speaker of the House 

Legislative Building 

Raleigh, North Carolina 27611 

Re: Executive Director of the North Carolina 
Utilities Commission Public Staff 

Dear Speaker Mavretic: 

Pursuant to North Carolina General Statute Section 62-15, I hereby appoint Robert 
Gruber of Wake County as the Executive Director of the North Carolina Utilities Com- 
mission Public Staff for the term beginning July 1, 1989 and ending June 30, 1995, 
subject to confirmation by the General Assembly in joint session. Furthermore, I 
hereby submit his name for said confirmation. 

Sincerely, 

S/James G. Martin 
Governor 

Lieutenant Governor Gardner recognizes Senator Guy, Chairman of the Senate 
Public Utilities Committee, who submits the following report: 

The Honorable James C. Gardner 
President of the Senate 
North Carolina Senate 
State Legislative Building 
Raleigh, North Carolina 27611 

Dear Mr. President: 

In compliance with the provisions of G.S. 62-10(a) and G.S. 62-15(a), requiring 
appointees to the North Carolina Utilities Commission and the appointment of the 
Executive Director of the Public Staff to be confirmed by the General Assembly in joint 
session, Governor Martin has submitted appointees for confirmation. The Governor 
has appointed Charles H. Hughes to the Utilities Commission to complete the term of 
Robert Koger, which ends June 30, 1989, and to the succeeding term, which begins 
July 1, 1989 and ends June 30, 1997. The Governor has appointed Robert Gruber to a 
second term as Executive Director of the Public Staff of the Utilities Commission, for 
the term beginning July 1, 1989 and ending June 30, 1995. 

The Senate Committee on Public Utilities has considered the appointments and 
makes the following recommendations to this Joint Session of the General Assembly: 

That the appointment of Charles H. Hughes as Commissioner of the North 
Carolina Utilities Commission, for the remainder of Commissioner Roger's 
term and for the succeeding term, be confirmed. 

That the appointment of Robert Gruber as Executive Director of the Public 
Staff of the North Carolina Utilities Commission, for a succeeding term, be 
confirmed. 






March 23, 1989 



1989] SENATE JOURNAL 215 

Lieutenant Governor Gardner recognizes Representative Hunt of Alamance, Chair- 
man of the House Infrastructure Committee, who submits the following report: 

The Honorable J. L. Mavretic 

Speaker of the House 

North Carolina House of Representatives 

State Legislative Building 

Raleigh, North Carolina 27611 

Dear Mr. Speaker: 

In compliance with the provisions of G.S. 62-10(a) and G.S. 62-15(a), requiring 
appointees to the North Carolina Utilities Commission and the appointment of the 
Executive Director of the Public Staff to be confirmed by the General Assembly in joint 
session, Governor Martin has submitted appointees for confirmation. The Governor 
has appointed Charles H. Hughes to the Utilities Commission to complete the term of 
Robert Koger, which ends June 30, 1989, and to the succeeding term, which begins 
July 1, 1989 and ends June 30, 1997. The Governor has appointed Robert Gruber to a 
second term as Executive Director of the Public Staff of the Utilities Commission, for 
the term beginning July 1, 1989 and ending June 30, 1995. 

The House Committee on Infrastructure, after having referred these appointments to 
its Subcommittee on Utilities, has considered the appointments and makes the follow- 
ing recommendations to this Joint Session of the General Assembly: 

That the appointment of Charles H. Hughes as Commissioner of the North 
Carolina Utilities Commission, for the remainder of Commissioner Koger 's 
term and for the succeeding term, be confirmed. 

That the appointment of Robert Gruber as Executive Director of the Public 
Staff of the North Carolina Utilities Commission, for a succeeding term, be 
confirmed. 

Senator Guy offers a motion that the Senate do confirm the appointment of Mr. 
Charles H. Hughes as a member of the North Carolina Utilities Commission. The 
motion prevails by roll-call vote, ayes 43, noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daughtry, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plyler, Rauch, Raynor, Royall, Sands, Shaw, Simpson, Smith, Soles, Speed, 
Swain, Taft, Tally, Walker, and Ward— 43. 

Voting in the negative: Senator Winner— 1. 

Representative Hunt of Alamance offers a motion that the House of Representatives 
do confirm the appointment of Mr. Charles H. Hughes as a member of the North 
Carolina Utilities Commission. The motion prevails by roll-call vote, ayes 106, noes 
0, as follows: 

Voting in the affirmative: Representatives Abernethy, Albertson, Anderson, 
Arnold, Balmer, Barnes, Barnhill, Beard, Blue, Bowen, Bowie, Bowman, Brawley, 
Brown, Brubaker, Buchanan, Burke, Chapin, Church, Colton, Cooper, Craven, 
J.W. Crawford, N.J. Crawford, Creech, Cromer, Culp, Cunningham, Dawkins, 
Decker, DeVane, Diamont, Dickson, Diggs, Duncan, Easterling, Edwards, L. 
Etheridge, Flaherty, Fletcher, Foster, Fussell, Gardner, Gibson, Gist, Grady, Green- 
wood, Grimmer, Hackney, Hall, Hardaway, Hasty, Hege, Holmes, Holt, Howard, 
Jack Hunt, S. Hunt, H. Hunter, R. Hunter, Hurley, Isenhower, James, Jeralds, 
Jones, Justus, Kennedy, Kerr, Kimsey, Lail, Ligon, Lilley, Lineberry, Loflin, Lutz, 
McLaughlin, Mercer, Michaux, Miller, Mills, Nesbitt, Nye, Payne, Perdue, Pope, 



March 23, 1989 



216 SENATE JOURNAL [Session 

Ramsey, Redwine, Rhodes, Robinson, Rogers, Sizemore, Stam, Stamey, Stewart, 
Tart, R. Thompson, S. Thompson, Walker, Warner, Warren, Weatherly, P. 
Wilson, W. Wilson, Wiser, Wood, and Woodard— 106. 
Voting in the negative: None. 

The President announces the votes of each Body. Having received an affirmative 
majority vote of both Houses, the President of the Senate announces the appointments 
of Mr. Charles H. Hughes as a member of the North Carolina Utilities Commission to 
complete the unexpired term ending June 30, 1989 created by the resignation of Mr. 
Robert Koger, and further to the subsequent term beginning July 1, 1989, and expiring 
June 30, 1997, are confirmed. 

Senator Guy offers a motion that the Senate do confirm the appointment of Mr. 
Robert Gruber as Executive Director of the Public Staff of the North Carolina Utilities 
Commission. The motion prevails by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daughtry, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Simpson, Smith, Soles, 
Speed, Staton, Swain, Tally, Walker, Ward, and Winner— 44. 

Voting in the negative: None. 

Representative Hunt of Alamance offers a motion that the House of Representatives 
do confirm the appointment of Mr. Robert Gruber as Executive Director of the Public 
Staff of the North Carolina Utilities Commission. The motion prevails by roll-call 
vote, ayes 108, noes 0, as follows: 

Voting in the affirmative: Representatives Abernethy, Albertson, Anderson, 
Arnold, Balmer, Barnes, Barnhill, Beall, Beard, Blue, Bowen, Bowie, Bowman, 
Brawley, Brown, Brubaker, Buchanan, Burke, Chapin, Church, Colton, Cooper, 
Craven, J.W. Crawford, N.J. Crawford, Creech, Cromer, Culp, Cunningham, 
Dawkins, Decker, DeVane, Diamont, Dickson, Diggs, Duncan, Easterling, 
Edwards, L. Etheridge, Flaherty, Fletcher, Foster, Fussell, Gardner, Gibson, Gist, 
Grady, Greenwood, Grimmer, Hackney, Hall, Hardaway, Hasty, Hege, Holmes, 
Holt, Howard, Jack Hunt, Judy Hunt, S. Hunt, H. Hunter, R. Hunter, Hurley, 
Isenhower, James, Jeralds, Jones, Justus, Kennedy, Kerr, Lail, Ligon, Lilley, 
Lineberry, Locks, Loflin, Lutz, McLaughlin, Mercer, Michaux, Miller, Mills, 
Nesbitt, Nye, Payne, Perdue, Pope, Ramsey, Redwine, Rhodes, Robinson, Rogers, 
Sizemore, Stam, Stamey, Stewart, Tart, R. Thompson, S. Thompson, Walker, 
Warner, Watkins, Weatherly, P. Wilson, W. Wilson, Wiser, Wood, and 
Woodard— 108. 

Voting in the negative: None. 

The President announces the vote of each Body. Having received an affirmative 
majority vote of both Houses, the President of the Senate announces the appointment 
of Mr. Robert Gruber as Executive Director of the Public Staff of the North Carolina 
Utilities Commission for a term beginning July 1, 1989, and ending June 30, 1995, is 
confirmed. 

The President of the Senate orders the Governor notified of the actions of the Gen- 
eral Assembly taken this date sitting in Joint Session upon the confirmation of ap- 
pointments to the Utilities Commission. 

On motion of Senator Barnes, the Joint Session is dissolved and pursuant to the 
motion heretofore made, the Senate returns to its Chamber. 

The Senate resumes consideration of its regular order of business. 



March 23, 1989 



1989] SENATE JOURNAL 217 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 177, an act to extend the energy policy for State agencies concerning construc- 
tion of buildings or renovation of major buildings to community college facilities. (Ch. 
23) 

S.B. 179, an act to correct the Statutes requiring that certain buildings involving 
public funds be designed by an architect or engineer. (Ch. 24) 

S.B. 183, an act to transfer the authority to regulate the entry of LP gas service 
piping into a building from the Department of Agriculture to the North Carolina Build- 
ing Code Council. (Ch. 25) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 151, a bill to repeal the expiration date for the Recreation and Natural Heri- 
tage Trust Program, with an unfavorable report as to bill, but favorable as to Commit- 
tee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on her further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Tally, the Committee Substitute bill is placed on the Calendar 
for Monday, March 27. 

By Senator Speed for the Agriculture Committee: 

H.B. 207, a bill to change the Piedmont Triad Farmers Market to the Piedmont 
Agricultural Marketing and Processing Center, with a favorable report. 

S.B. 275, a bill to add a public member and a health representative to the Struc- 
tural Pest Control Committee, with a favorable report, as amended. 

By Senator Goldston for the Transportation Committee: 

S.B. 290, a bill to create the North Carolina Trust Fund and to designate the fund- 
ing sources for the funds and purposes for the Fund and to provide for increased reve- 
nues for other highway programs, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Goldston, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Goldston, the Committee Substitute bill is re-referred to the 
Finance Committee. 

By Senator Conder for the Education Committee: 

S.B. 403, a bill to permit one public school employee to be appointed to the State 
Board of Education, with a favorable report. 



March 23, 1989 



218 SENATE JOURNAL [Session 

S.B. 429, a bill to change the time of the election and the term of office for mem- 
bers of the Cabarrus County Board of Education, with a favorable report. 

H.B. 106, a bill to expand the Bladen County Board of Education from five to nine 
members, and to provide for their nomination and election under a mixed electoral 
system, with a favorable report. 

S.B. 161, a bill to allow the Dare County Board of Education to enter into single 
prime contractor contracts, with a favorable report, as amended. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 381, a bill to permit minors to lease safe deposit boxes, with a favorable re- 
port. 

On motion of Senator Staton, the bill is placed on the Calendar for Tuesday, March 
28. 

By Senator Swain for the Judiciary I Committee: 

S.B. 26, a bill to amend the Crime Victims Compensation Act to include victims 
injured by driving while impaired offenders, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read, S.B. 26 (Committee Substitute), a bill to amend 
the Crime Victims Compensation Act to include victims injured by driving while im- 
paired offenders, to limit recovery to economic loss, and to provide compensation to 
residents who are injured in a State that does not have a crime victims compensation 
program, is placed before the Senate for immediate consideration. 

On motion of Senator Swain, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, March 27. 

S.B. 147, a bill to limit claims to victim and persons who helped him, to allow the 
North Carolina Crime Victim's Compensation Commission and its Director authority 
to adequately investigate a claim for compensation by requiring a victim or claimant to 
provide necessary medical and psychological information, to require law enforcement 
to cooperate with the Commission, to allow the Commission to keep medical, law 
enforcement and juvenile records confidential, to make a technical correction to the 
Rules of Evidence in a contested case hearing, to allow the Director to negotiate with 
service providers for a reduced rate, and to provide for the Director to pursue restitu- 
tion from convicted criminals, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Swain, the Committee Substitute bill is placed on the Calen- 
dar for Monday, March 27. 

By Senator Swain for the Judiciary I Committee: 

Executive Order Number 85, amending Executive Order Number 53, Gover- 
nor's Inter- Agency Advisory Team on Alcohol and Other Drug Abuse, with a recom- 
mendation for no action. 

RE-REFERRAL 

S.B. 504, a bill to provide a Commodities Act. 

On motion of Senator Speed, the rules are suspended, without objection, and the 
bill is taken from the Agriculture Committee and is re-referred to the Judiciary 
II Committee. 



March 23, 1989 



1989] SENATE JOURNAL 219 

WITHDRAWAL FROM CALENDAR 

S.B. 386, a bill to regulate public swimming pools, as amended, with Amendment 
No. 2 pending. 

On motion of Senator Harris the bill, as amended, with Amendment No. 2 pend- 
ing, is taken from the Calendar for today, March 23, and is placed on the Calendar 
for Tuesday, March 28. 

S.B. 182, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion. 

Senator Goldston offers a motion that the rules be suspended to the end that the bill 
be taken from its regular place on the Calendar and placed before the Senate for im- 
mediate consideration, which motion prevails. 

On motion of Senator Goldston, duly seconded, the bill is postponed indefinitely. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Swain and Winner: 

S.B. 607, a bill to allow the City of Asheville and Buncombe County to jointly 
create the Asheville-Buncombe Fair Housing Commission. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Daniel: 

S.B. 608, a bill to extend the sunset on open seasons for taking foxes with weapons 
and by trapping in Caswell County. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Kincaid, Simpson, Chalk, Carpenter, and Hardin: 
S.B. 609, a bill to prohibit instruction in nonacademic subject areas which alters or 
interferes with the scheduling and instruction of academic subject areas in the elemen- 
tary school grades. 

Referred to Education Committee. 

By Senator Simpson: 

S.B. 610, a bill to make operating a commercial motor vehicle with a blood alcohol 
concentration of 0.04 or more an impaired driving offense. 
Referred to Judiciary I Committee. 

By Senator Johnson of Cabarrus: 

S.B. 611, a bill authorizing Cabarrus County to levy a room occupancy and tourism 
development tax and establishing a Cabarrus County Tourism Authority. 
Referred to Finance Committee. 

By Senators Chalk and Martin of Guilford: 

S.B. 612, a bill to merge all of the school administrative units in Guilford County, 
subject to a referendum. 

Referred to Education Committee. 

By Senator Block: 

S.B. 613, a bill to authorize the City of Wilmington to collect a motor vehicle tax of 
not more than twenty dollars. 

Referred to Finance Committee. 



March 23, 1989 



220 SENATE JOURNAL [Session 

By Senator Ballance: 

S.B. 614, a bill to define the boundary lines of the Town of Lewiston-Woodville. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Martin of Pitt: 

S.B. 615, a bill to amend the Charter of the City of Wilson to provide for an alter- 
native eminent domain procedure. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Johnson of Cabarrus: 

S.B. 616, a bill to permit the establishment of paternity of an illegitimate child any 
time before the child attains the age of eighteen years. 
Referred to Judiciary II Committee. 

By Senator Basnight: 

S.B. 617, a bill to appropriate funds to the Gates County Board of Education to 
modify the wastewater system at the Gates County High School. 
Referred to Appropriations Committee. 

By Senators Tally, Cochrane, Johnson of Wake, Marvin, Raynor, Richardson, 
Sherron, Smith, Soles, Swain, Ward, and Winner: 

S.B. 618, a bill to appropriate funds to increase the level of grants-in-aid to private 
child-caring institutions. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 619, a bill to direct the State to transfer a tract of State land to the Town of 
Carolina Beach for the development of a youth center. 

Referred to Environment and Natural Resources Committee. 

By Senators Allran and Bryan: 

S.B. 620, a bill authorizing Catawba County to assist thoroughfare plan implemen- 
tation. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Ezzell and Martin of Pitt: 

S.B. 621, a bill concerning local development in the City of Wilson and Wilson 
County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Ezzell and Martin of Pitt: 

S.B. 622, a bill to allow municipalities in Edgecombe and Nash Counties to regu- 
late the abandonment of junked motor vehicles. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Ezzell and Martin of Pitt: 

S.B. 623, a bill to amend the Charter of the City of Rocky Mount concerning the 
removal of abandoned or junked motor vehicles from private property. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Martin of Pitt: 

S.B. 624, a bill to create a financing mechanism within the Department of Com- 
merce, Energy Division, to provide capital to industrial and commercial concerns lo- 
cated or undertaking translocation to North Carolina for capital improvement projects 
determined to provide energy conservation. 

Referred to State Government Committee and upon a favorable report re- 
referred to Appropriations Committee. 



March 23, 1989 



1989] SENATE JOURNAL 221 

By Senator Plyler: 

S.B. 625, a bill to repeal a local act freezing the boundaries of the Monroe City 
School Administrative Unit. 

Referred to Education Committee. 

By Senators Carpenter and Hardin: 

S.B. 626, a bill to establish a "slow-no-wake" area on Lake Adger in Polk County. 

Referred to Environment and Natural Resources Committee. 

By Senator Rauch: 

S.B. 627, a bill to eliminate hospital lease authority in Gaston County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Rauch: 

S.B. 628, a bill to allow the governing body of a county or its municipalities to 
contract with financial institutions for receipt of payment of property taxes. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Bryan: 

S.B. 629, a bill to allow public contracts to be bid in the alternative as multiple 
prime or single prime contractor contracts in Iredell, Alexander, Catawba, and Yad- 
kin Counties. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Speed, Conder, Daniel, Guy, Martin of Pitt, Murphy, and Parnell: 
S.B. 630, a bill to create an Agriculture Fairs Council in the Department of Agri- 
culture. 

Referred to Agriculture Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Speed, Ballance, Barker, Basnight, Block, Bryan, Carpenter, 
Cochrane, Conder, Daniel, Daughtry, Ezzell, Guy, Harris, Hunt of Moore, Johnson 
of Cabarrus, Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Murphy, 
Parnell, Plyler, Rauch, Raynor, Sands, Sherron, Smith, Soles, Staton, Swain, Taft, 
Tally, Walker, and Ward: 

S.B. 631, a bill to consolidate the regulation of migrant housing within the Depart- 
ment of Labor and to establish standards and enforcement provisions for the regula- 
tion of migrant housing. 

Referred to Agriculture Committee and upon a favorable report re-referred to 
Manufacturing and Labor Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senators Winner and Swain: 

S.B. 632, a bill to temporarily exempt the Town of Weaverville from limits on the 
size of a satellite annexation. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 69 (Committee Substitute), a bill to require the Division of Aging to submit to 
the General Assembly a regularly updated plan for serving older adults. 

Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee. 



March 23, 1989 



SENATE JOURNAL [Session 

H.B. 76 (Committee Substitute), a bill to establish specified positions on the Nurs- 
ing Home/Rest Home Penalty Review Committee. 
Referred to Human Resources Committee. 

H.B. 125, a bill to continue the Birth-Related Neurological Impairment Study 
Commission and provide that funds previously appropriated to the Commission shall 
remain available. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 242, a bill to amend the membership requirements for the Board of Governors 
of the North Carolina Motor Vehicle Reinsurance Facility. 
Referred to Insurance Committee. 

H.B. 337, a bill to allow the Town of Carrboro to convey property to the United 
States Postal Service. 

Referred to Local Government and Regional Affairs Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 335, a bill to incorporate the Town of North Topsail Beach, subject to a refer- 
endum, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Mur- 
phy, Odom, Parnell, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Swain, Tally, Walker, Ward, and Win- 
ner — 46. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 384, a bill to annex areas lying within the corporate boundaries of the Town of 
Louisburg to that Town, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Basnight, Block, Bryan, Car- 
penter, Chalk, Cobb, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Par- 
nell, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Swain, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 410, a bill enabling the County of New Hanover to establish an Airport 
Authority for the operation and maintenance of airport facilities in the County of New 
Hanover for the citizens of New Hanover County and vicinity, as amended, upon third 
reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Barker, Barnes, Basnight, Block, Bryan, Car- 
penter, Chalk, Cobb, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Par- 
nell, Rauch, Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, 
Staton, Swain, Tally, Walker, Ward, and Winner— 43. 



March 23, 1989 



1989] SENATE JOURNAL 223 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 15 (Committee Substitute), a bill decreasing the interest to be paid on partial 
license fees, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted, changing 
the title to read, S.B. 15 (Committee Substitute), a bill changing the interest payment 
method on partial license fees. 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Carpen- 
ter, Chalk, Cobb, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Par- 
nell, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Swain, Tally, Walker, Ward, and Winner — 45. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is placed on Calendar for Monday, 
March 27, for further consideration upon third reading. 

S.B. 119, a bill to repeal the privilege license tax for flea market vendors, to in- 
crease the tax for flea market operators, to exempt governmental entities from the tax, 
to redefine flea markets as "speciality markets", and to increase the penalty for cer- 
tain violations, upon second reading. 

Senator Swain offers Amendment No. 1 which he subsequently withdraws. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Block, Bryan, Carpen- 
ter, Chalk, Cobb, Cochrane, Conder, Daughtry, Ezzell, Goldston, Guy, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Staton, Swain, 
Taft, Tally, Walker, Ward, and Winner— 44. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, March 27, for further consideration 
upon third reading. 

H.B. 112, a bill to provide a fee of four dollars for filing with the local tax collector 
a request for notification of a tax foreclosure, upon second reading. 

Without objection, on motion of Senator Sands, the bill is re-referred to the Judi- 
ciary II Committee. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Soles for the Judiciary II Committee: 

S.B. 255, a bill to assure that the designated representative of a child support en- 
forcement program administered by the Department of Human Resources is authorized 
to pursue establishment of paternity and collection of child support in interstate IV-D 
cases and to appropriate funds for the State cost to implement this change, with a 
favorable report, as amended. 

On motion of Senator Soles, the bill is placed before the Senate for immediate con- 
sideration and on his further motion Committee Amendments No. 1 and No. 2 are 



March 23, 1989 



224 SENATE JOURNAL [Session 

adopted changing the title to read S.B. 255, a bill to assure that the designated repre- 
sentative of a child support enforcement program is authorized to pursue establishment 
of paternity and collection of child support in interstate IV-D cases and to appropriate 
funds for the State cost to implement this change. 

On motion of Senator Soles, the bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 



CALENDAR (continued) 

S.B. 413, a bill to provide for the assignment to the State of the right to third party 
benefits in Department of Human Resources medical payment programs. 

Without objection, on motion of Senator Soles, the bill is taken from its regular 
order of business and placed before the Senate for immediate consideration. 

On motion of Senator Soles, the bill is re-referred to the Judiciary II Commit- 
tee. 

S.B. 560, a bill to provide for the appointment of a new North Carolina Wildlife 
Resources Commission. 

Without objection, on motion of Senator Barker, the bill is taken from its regular 
order of business and placed before the Senate for immediate consideration. 

On motion of Senator Barker, Committee Amendments No. 1, No. 2, and No. 3 
are adopted. 

Senator Royall offers Amendment No. 4 which is adopted (47-0). 

The bill as amended, passes its second reading (43-3). 

Senator Tally objects to the third reading of the bill. 

The bill, as amended, remains on the Calendar for Monday, March 27, for further 
consideration upon third reading. 

S.B. 63, a bill to authorize a county to permit taxpayers to appeal decisions of the 
Board of Equalization and Review to the Board of County Commissioners. 

The bill passes its second reading (46-0). 

Senator Winner objects to the third reading of the bill. 

The bill remains on the Calendar for Monday, March 27, for further consideration 
upon third reading. 



WITHDRAWAL FROM CALENDAR 

S.B. 560, a bill to provide for the appointment of a new North Carolina Wildlife 
Resources Commission, as amended. 

Senator Tally withdraws her objection to the third reading of the bill, as amended, 
and on her motion, the rules are suspended, and the bill is taken from the Calendar 
for Monday, March 27, and placed before the Senate for further consideration, upon 
third reading. 

The bill, as amended, passes its third reading and is ordered engrossed and sent to 
the House of Representatives. 



CALENDAR (continued) 

S.B. 125, a bill to encourage reporting of fraud, waste, and abuse in State govern- 
ment and endangerment to the public health and safety, and to protect informant State 
employees from retaliation. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted (45-0). 

The bill, as amended, passes its second (44-1) and third (44-0) readings and is 
ordered engrossed and sent to the House of Representatives. 



March 23, 1989 



1989] SENATE JOURNAL 225 

S.B. 170, a bill to provide a definition of machine gun and submachine gun, with 
Amendment No. 1 pending. 

On motion of Senator Staton, consideration of the Committee Substitute bill, with 
Amendment No. 1 pending, is postponed until Tuesday, March 28. 



RE-REFERRAL 

S.B. 631, a bill to consolidate the regulation of migrant housing within the Depart- 
ment of Labor and to establish standards and enforcement provisions for the regula- 
tion of migrant housing. 

On motion of Senator Speed, the rules are suspended, and the bill is taken from the 
Agriculture Committee and re-referred to the Manufacturing and Labor 
Committee. 

On motion of Senator Barnes, seconded by Senator Taft, the Senate adjourns at 
3:20 P.M. to meet Monday, March 27, at 8:00 P.M. 



FORTY-THIRD DAY 



Senate Chamber, 
Monday, March 27, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Bruce Stanley, Associate Minister of Edenton Street Meth- 
odist Church, Raleigh, as follows: 

"Lord, we would humbly ask that You would make our creativity the equal of our 
concerns. We ask that You make us righteous on behalf of the truth, but not on 
behalf of self. Help us to compromise when it is wise and to contend when that is 
called for. Lead us out of our narrow channels of thought with open hearts, eyes, and 
open minds. Be with us all in all things. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
March 23, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Johnson of Cabarrus, 
whose attendance is required in court and to Senators Kaplan and Johnson of Wake. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 22, an act to implement the recommendations of the Attorney General's Staff 
Study conducted by the Legislative Research Commission with respect to a plan for the 
consolidation of legal positions within State government. (Ch. 26) 

S.B. 149, an act to provide that the Community of Rock Barn in Catawba County 
may be annexed involuntarily only as a whole. (Ch. 27) 



March 27, 1989 



226 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Daniel: 

S.B. 633, a bill to establish wildlife game lands in Caswell County. 

Referred to Marine Resources and Wildlife Committee. 

By Senator Daniel: 

S.B. 634, a bill concerning local government in Alamance County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Ward: 

S.B. 635, a bill to appropriate funds to implement the recommendations of the task 
force on the preparation of teachers. 

Referred to Appropriations Committee. 

By Senator Ward: 

S.B. 636, a bill to encourage college-bound students to take the PS AT at least once 
before taking the Scholastic Aptitude Test (SAT) . 

Referred to Education Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senator Bryan: 

S.B. 637, a bill to validate certain land taking in the Town of Taylorsville, Alexan- 
der County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Johnson of Wake: 

S.B. 638, a bill to make it clear that (like in North Carolina medical doctor licens- 
ing matters) information developed in investigations by the North Carolina Board of 
Dental Examiners may be kept confidential to avoid warning investigations subjects 
who may want to hide misconduct and to prevent prejudicing subjects by premature 
release of what are later revealed as erroneous or misleading accusations; and to fur- 
ther make it clear that the investigation information may not be kept confidential after 
it is used in formal board notices or hearings. 

Referred to Judiciary III Committee. 

By Senator Marvin: 

S.B. 639, a bill to validate ordinances closing streets and alleys notwithstanding a 
failure to send notice by registered or certified mail, and to allow such mailings by 
first-class mail. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Odom: 

S.B. 640, a bill to authorize the Town of Huntersville to adopt ordinances regulat- 
ing removal, replacement, and preservation of trees within the Town of Huntersville. 
Referred to Local Government and Regional Affairs Committee. 

By Senator Daughtry: 

S.B. 641, a bill to allow the municipalities in Johnston and Sampson Counties, 
Johnston County, and Sampson County to regulate the abandonment of junked motor 
vehicles. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Hardin and Carpenter: 

S.B. 642, a bill to raise the force account construction limit for the Town of Rob- 
binsville for construction of an Economic Development and Governmental Services 
Center. 

Referred to State Government Committee. 



March 27, 1989 



1989] SENATE JOURNAL 227 

By Senator Johnson of Cabarrus: 

S.B. 643, a bill to expand the size of the Board of Commissioners of Cabarrus 
county from five to seven members, and to provide that five of the members must live 
in certain districts, but all members are to be elected at-large. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Johnson of Wake: 

S.B. 644, a bill to amend the law concerning the procedure for permanently closing 
streets and alleys by deleting the authority of cities to close streets and alleys located 
within their extraterritorial jurisdiction. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Johnson of Wake: 

S.B. 645, a bill to provide for special restrictions prior to annexation in certain 
areas. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Winner: 

S.B. 646, a bill to change the calendar year for the accumulation of annual leave 
by teachers and State employees, and to provide for the transfer of unused excess 
annual leave to sick leave. 

Referred to Pensions and Retirement Committee. 

By Senators Richardson, Odom, and Carpenter: 

S.B. 647, a bill to provide a means for financing all or part of a convention center 
in Charlotte. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Johnson of Wake, Sherron, and Staton: 

S.B. 648, a bill to appropriate funds for the construction and operation of a re- 
gional halfway house for substance abusers in the South Central Region. 
Referred to Appropriations Committee. 

By Senator Block: 

S.B. 649, a bill creating a bird sanctuary at the Plantation Village Retirement Com- 
munity in New Hanover County. 

Referred to Marine Resources and Wildlife Committee. 

By Senator Block: 

S.B. 650, a bill to amend the law regarding public bidding to exempt New Hanover 
Memorial Hospital. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Richardson, Hunt of Durham, Johnson of Cabarrus, and Odom: 
S.B. 651, a bill to appropriate funds to assist in the restoration of Biddle Memorial 
hall, Johnson C. Smith University. 

Referred to Appropriations Committee. 

By Senators Bryan and Allran: 

S.B. 652, a bill to authorize the establishment of minimum standards for nonresi- 
dential buildings in the City of Statesville. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Carpenter and Hardin: 

S.B. 653, a bill to allow Polk County to convey to Steps to Hope, Inc., a nonprofit 
corporation, certain real estate at private sale. 

Referred to Local Government and Regional Affairs Committee. 



March 27, 1989 



228 SENATE JOURNAL [Session 

By Senator Harris: 

S.B. 654, a bill to support the North Carolina Grade "A" Milk Sanitation Program 
through the collection of annual fees from operators of milk processing plants. 
Referred to Finance Committee. 

By Senators Harris, Tally, Parnell, Guy, Carpenter, and Smith: 
S.B. (555, a bill to regulate the practice of dietetics/nutrition. 
Referred to Human Resources Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senator Bryan: 

S.B. 656, a bill to provide that upon merger of local school administrative units in a 
county, the Board of County Commissioners may levy and collect a supplemental 
school tax without voter approval in the geographic area encompassed by the new 
school administrative unit resulting from the merger. 

Referred to Finance Committee. 

By Senator Block: 

S.B. 657, a bill to modify the Surf City and Onslow County occupancy tax laws. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Marvin, Allran, Barker, Basnight, Block, Bryan, Cochrane, Conder, 
Ezzell, Goldston, Guy, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Martin of Guilford, Murphy, Odom, Parnell, Richardson, Sands, Smith, 
Speed, Staton, Tally, Walker, and Ward: 

S.B. 658, a bill to appropriate funds to reduce infant mortality and infant morbidity 
in North Carolina. 

Referred to Appropriations Committee. 

By Senator Plyler: 

S.B. 659, a bill concerning municipalities in Union County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plyler: 

S.B. 660, a bill concerning Stanly County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plyler: 

S.B. 661, a bill concerning Union County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Plyler: 

S.B. 662, a bill concerning municipalities in Stanly County. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Shaw: 

S.B. 663, a bill to incorporate the Town of Stokesdale, subject to a referendum. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senators Simpson and Kincaid: 

S.B. 664, a bill to incorporate the Town of Connelly Springs in Burke County. 
Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

By Senator Staton: 

S.B. 665, a bill to make technical changes relating to joint, trust, and personal 
agency accounts at financial institutions. 

Referred to Banks and Thrift Institutions Committee. 



March 27, 1989 



1989] SENATE JOURNAL 229 

By Senator Allran: 

S.B. 666, a bill to amend the laws in Catawba County. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Taft, Block, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Plyler, Shaw, Sherron, and Tally: 

S.B. 667, a bill to appropriate funds for the Fisheries Development Foundation of 
North Carolina. 

Referred to Appropriations Committee. 

By Senators Raynor, Ballance, Daughtry, Ezzell, Guy, Harris, Hunt of Durham, 
Johnson of Cabarrus, Kincaid, Odom, Richardson, Smith, Soles, Speed, Swain, and 
Winner: 

S.B. 668, a bill to provide that sales tax shall apply to cable television. 

Referred to Finance Committee. 

By Senators Raynor, Ballance, Basnight, Bryan, Ezzell, Guy, Harris, Hunt of Dur- 
ham, Johnson of Cabarrus, Kincaid, Odom, Rauch, Richardson, Smith, Soles, 
Swain, Tally, and Winner: 

S.B. 669, a bill to increase the sales tax on the lease or rental of motor vehicles. 

Referred to Finance Committee. 

By Senators Raynor and Tally: 

S.B. 670, a bill to increase the State reimbursement to local governments for reve- 
nue lost due to the repeal of the property tax on inventory. 
Referred to Finance Committee. 

By Senator Cobb: 

S.B. 671, a bill to correct the salary increase of a certain executive branch official. 

Referred to Appropriations Committee. 

By Senator Block: 

S.B. 672, a bill to authorize the City of Wilmington to adopt a minority business 
enterprise program that establishes goals or minimum requirements for participation in 
public projects by minority business enterprises. 

Referred to Small Business Committee. 



RECONSIDERATION 

S.B. 182, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion. 

Senator Goldston offers a motion that the vote by which the bill was postponed in- 
definitely be reconsidered, which motion prevails. 

On motion of Senator Goldston, the bill is placed on the Calendar for tomorrow, 
March 28, upon second reading. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 141, a bill to require the Department of Human Resources to develop a social 
services plan to ensure the uniform availability of core social services and public assis- 
tance programs to the citizens of North Carolina. 

Referred to Human Resources Committee. 



March 27, 1989 



230 SENATE JOURNAL [Session 

H.B. 224, a bill to allow Pasquotank County, the Pasquotank County Board of 
Education, and the Board of Trustees of the Albemarle Hospital to enter into single 
prime contractor public contracts. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 289, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion. 

On motion of Senator Goldston, the rules are suspended, and the bill is placed on 
the Calendar for tomorrow, March 28. 

H.B. 302, a bill to allow county fire protection service districts with a fifteen cent 
rate limitation to also provide ambulance and rescue services. 

Referred to Finance Committee. 

S.B. 88, a bill to amend Chapter 899 of the 1985 Session Laws (Regular Session, 
1986) to provide changes only with respect to a wholly self-liquidating project, for 
concurrence in the House Amendments No. 1 and No. 2, which is placed on the 
Calendar for tomorrow, March 28. 

S.B. 90, a bill to allow the City of Charlotte to exercise the power of eminent do- 
main under certain conditions to provide housing for low-and moderate-income per- 
sons, for concurrence in the House Amendments No. 1 and No. 2, which is placed on 
the Calendar for tomorrow, March 28. 



CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
Thursday, March 23, are taken up and disposed of as follows: 

S.B. 197, a bill to require food service workers who handle unwrapped food to wear 
gloves or use a utensil when handling unwrapped food. 

On motion of Senator Hunt of Durham, Committee Amendment No. 1 is adopted. 

Senator Shaw offers Amendment No. 2. 

Senator Harris offers a motion that Amendment No. 2 do lie upon the table, sec- 
onded by Senator Swain, which motion prevails (28-16). Amendment No. 2, offered 
by Senator Shaw, lies upon the table. 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 212, a bill to exempt from income tax scholarship funds for travel and related 
expenses for internships that are part of the scholarship program of the educational 
institution and that require the recipient to live away from the educational institution. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted (44-0). 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 306, a bill to delete the requirement that the Division of Parks and Recreation 
report to the Joint Legislative Commission on Governmental Operations regarding 
ranger residences and Lake James State Park and to repeal the sunset on legislation 
regarding construction of ranger residences. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 414, a bill to change the name of alcoholic rehabilitation centers. 
The bill passes its second (45-0) and third readings and is ordered sent to the House 
of Representatives. 



March 27, 1989 



1989] SENATE JOURNAL 231 

S.B. 416, a bill to clarify the medical contraindications to State-mandated immuni- 
zations. 

The bill passes its second reading (45-0) . 

Senator Block objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, March 28, for further consideration 
upon third reading. 

S.B. 157, a bill to amend the Uniform Relocation Assistance Act in order to con- 
form to amendments in the Federal Act, for concurrence in House Amendment No. 1. 

On motion of Senator Basnight, the Senate concurs in House Amendment No. 1 
(45-0) and the bill is ordered enrolled. 

Bills and Resolutions on today's Calendar are taken up and disposed of as follows: 

S.B. 161, a bill to allow the Dare County Board of Education to enter into single 
prime contractor contracts. 

On motion of Senator Basnight, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (43-1) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 429, a bill to change the time of the election and the term of office for mem- 
bers of the Cabarrus County Board of Education. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 106, a bill to expand the Bladen County Board of Education from five to nine 
members, and to provide for their nomination and election under a mixed electoral 
system. 

The bill passes its second and third readings and is ordered enrolled. 

S.B. 15 (Committee Substitute), a bill changing the interest payment method on 
partial license fees, as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading by roll-call 
vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Kincaid, 
Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, 
Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: None. 

The Committee Substitute bill, as amended, is ordered engrossed and sent to the 
House of Representatives. 

S.B. 119, a bill to repeal the privilege license tax for flea market vendors, to in- 
crease the tax for flea market operators, to exempt governmental entities from the tax, 
to redefine flea markets as "speciality markets", and to increase the penalty for cer- 
tain violations, upon third reading. 

Senator Swain offers Amendment No. 2 which is adopted (45-0). 

The bill, as amended, passes its third reading by roll-call vote, ayes 44, noes 1, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Royall, 
Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed,. Swain, Taft, Tally, Walker, 
Ward, and Winner — 44. 

Voting in the negative: Senator Cochrane— 1. 



March 27, 1989 



232 SENATE JOURNAL [Session 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 26 (Committee Substitute), a bill to amend the Crime Victims Compensation 
Act to include victims injured by driving while impaired offenders, to limit recovery to 
economic loss, and to provide compensation to residents who are injured in a State 
that does not have a Crime Victims Compensation Program. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 147 (Committee Substitute), a bill to limit claims to victim and persons who 
helped him, to allow the North Carolina Crime Victim's Compensation Commission 
and its Director authority to adequately investigate a claim for compensation by requir- 
ing a victim or claimant to provide necessary medical and psychological information, 
to require law enforcement to cooperate with the Commission, to allow the Commis- 
sion to keep medical, law enforcement and juvenile records confidential, to make a 
technical correction to the Rules of Evidence in a contested case hearing, to allow the 
Director to negotiate with service providers for a reduced rate, and to provide for the 
Director to pursue restitution from convicted criminals. 

The Committee Substitute bill passes its second reading (43-1). 

Senator Taft objects to the third reading of the bill. 

The Committee Substitute bill remains on the Calendar for tomorrow, March 28, 
for further consideration upon third reading. 



WITHDRAWAL FROM COMMITTEE 

H.B. 4, a bill to update the reference to the Internal Revenue Code used to deter- 
mine certain taxable income and tax exemptions. 

On motion of Senator Winner, the rules are suspended and the bill is taken from the 
Rules and Operation of the Senate Committee and is placed on the Calendar 
for tomorrow, March 28. 

H.B. 5, a bill to make technical changes to the revenue laws. 

On motion of Senator Winner, the rules are suspended and the bill is taken from the 
Rules and Operation of the Senate Committee and is placed on the Calendar 
for tomorrow, March 28. 

H.B. 36 (Committee Substitute), a bill to require that cumulative impact be consid- 
ered prior to issuing CAM A water pollution control permits. 

On motion of Senator Winner, the rules are suspended and the Committee Substi- 
tute bill is taken from the Rules and Operation of the Senate Committee and 
is placed on the Calendar for tomorrow, March 28. 

H.B. 174, a bill to provide for nursing home patient's right to notification when the 
facility's license is revoked or made provisional. 

On motion of Senator Winner, the rules are suspended and the bill is taken from the 
Rules and Operation of the Senate Committee and is placed on the Calendar 
for tomorrow, March 28. 



RE-REFERRAL 

S.B. 625, a bill to repeal a local act freezing the boundaries of the Monroe City 
School Administrative Unit. 

On motion of Senator Plyler, the rules are suspended and the bill is taken from the 
Education Committee and is re-referred to the Local Government and Re- 
gional Affairs Committee. 



March 27, 1989 



1989] SENATE JOURNAL 233 

Pursuant to Rule 41, Senator Taft offers a motion to suspend the rules to allow the 
filing of a local bill, Senate DRS9568-LL143(3.16), which motion prevails. 

The President recognizes the following pages serving in the Senate this week: 

Anne Bond Archie, Washington; Penelope April Boyette, Selma; Melanie Hope 
Brown, Charlotte; Chareba Donielle Cardwell, Winston-Salem; Charlita Cecelia 
Cardwell, Winston-Salem; Lawrence Dorsey, Raleigh; Kathryn Ann Dosser, Wades- 
boro; Jennings Gray Fullwood, Raleigh; Alonso Gentry, Blanch; Alexander Duke Guy 
III, Jacksonville; Michelle Jones, Willow Springs; Jonathan King, Raleigh; Kristye A. 
Koontz, Raleigh; Charlotte H. Marshall, Raleigh; Betsy Miller, Havelock; Eric 
Moses, Greensboro; James Paxton Myers III, Cherokee; Scott Alexander Oliver, 
Clayton; Jason Parker, Raleigh; Brian Thomas Parrish, Clayton; Laurin Parrish, 
Raleigh; Will Parry-Hill, Raleigh; Stephen A. Reavis, Raleigh; Amy Resar, Raleigh; 
Leigh Roberson, Robersonville; Granger William Roseberry, Raleigh; Patrick Warren 
Simpkins, Raleigh; Kelly Simpson, Henderson; Kimberly Simpson, Henderson; Jane 
A. Small, Raleigh; David Madison Stallings, New Bern; Cynthia Dianne Stancil, 
Smithfield; Alice Tilson, Raleigh; Jennifer Ann Webb, Raleigh; Douglas Park Wil- 
liams, Jr., Greenville; Roveta Williams, Blanch; Amy Elizabeth Wilson, Eden; Geor- 
gana Worsley, Wallace; and Candace A. Worth, Raleigh. 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns 
at 9:34 P.M. in honor of the North Carolina Central University "Eagles", the Division 
2, National Basketball Champions, to meet tomorrow, March 28, at 1:30 P.M. 



FORTY-FOURTH DAY 

Senate Chamber, 
Tuesday, March 28, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Eternal God, in the long ago, one who loved Thee sang our song for today: 'Lo, 
the winter is past, the rain is over and gone. The flowers appear on the earth, the 
time of singing has come, and the voice of the turtledove is heard in our land. ' For- 
bid, O Lord, of the ever circling years, that all the world would break forth around us 
with the greenness of spring, and the tree of our souls remains leafless. Therefore, be 
careful to include us in Your promise where You said, 'Behold, I make all things 
new!' Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 27, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence to Senator Johnson of Cabarrus, whose at- 
tendance is required in court, and to Senators Raynor and Plyler. Senator Raynor is 
noted present for a portion of today's Session. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 



March 28, 1989 



234 SENATE JOURNAL [Session 

S.B. 157, an act to amend the Uniform Relocation Assistance Act in order to con- 
form to amendments in the Federal Act. (Ch. 28) 

H.B. 106, an act to expand the Bladen County Board of Education from five to 
nine members, and to provide for their nomination and election under a mixed elec- 
toral system. (Ch. 29) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 385, a bill to clarify the corporate limits of the Town of Ramseur, with a 
favorable report. 

S.B. 407, a bill to annex certain described territory to the City of Asheboro, with a 
favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

H.B. 186, a bill to extend the corporate limits of the Town of Chadbourn, with a 
favorable report. 

H.B. 254, a bill to correct an inadvertent repeal, and to validate acts of the City of 
Mount Airy, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 411, a bill to permit the Rockingham County Airport Authority to receive an- 
nual sales tax refunds, with a favorable report, as amended. 

On motion of Senator Sands, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

The bill, as amended, is ordered engrossed and re-referred to the Finance Com- 
mittee. 

H.B. 307, a bill to place a moratorium on annexations by the Town of Seven Dev- 
ils within Watauga County, with a favorable report, as amended. 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 470, a bill to provide that the Wildlife Resources Commission may adopt a 
temporary replacement cost for swans without prior notice or hearing or upon abbrevi- 
ated notice or hearing, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bill filed for introduction is presented to the Senate, read the first 
time, and disposed of as follows: 

By Senator Harris: 

S.B. 673, a bill to make changes in the practice of Funeral Service Act. 

Referred to Human Resources Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills which are read the first time and disposed of as follows: 



March 28, 1989 



1989] SENATE JOURNAL 235 

H.B. 258, a bill to add the Alzheimer's Subcommittee to the Study Commission on 
Aging. 

Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee and upon a favorable report re-referred to Rules and Operation of 
the Senate Committee. 

H.B. 281, a bill to expand the size of the Board of Commissioners of Chowan 
County and provide for its election by districts. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 465, a bill to allow Chowan County to prequalify bidders for the Old Court- 
house Renovation Project. 

Referred to Local Government and Regional Affairs Committee. 



CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
Monday, March 27, are taken up and disposed of as follows: 

S.B. 151 (Committee Substitute), a bill to repeal the expiration date for the Rec- 
reation and Natural Heritage Trust Program. 

The Committee Substitute bill passes its second (43-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 275, a bill to add a public member and a health representative to the Struc- 
tural Pest Control Committee. 

On motion of Senator Speed, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (43-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 403, a bill to permit one public school employee to be appointed to the State 
Board of Education. 

The bill passes its second (46-2) and third readings and is ordered, without objec- 
tion, sent to the House of Representatives by special messenger. 

H.B. 207, a bill to change the Piedmont Triad Farmers Market to the Piedmont 
Agricultural Marketing and Processing Center. 

The bill passes its second (47-0) and third readings and is ordered enrolled. 

S.B. 63, a bill to authorize a county to permit taxpayers to appeal decisions of the 
Board of Equalization and Review to the Board of County Commissioners, upon third 
reading. 

The bill passes its third reading (43-0) . 

The bill is ordered sent to the House of Representatives. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Soles for the Judiciary II Committee: 

S.B. 422, a bill to change the burden of proof in civil paternity actions, with a 
favorable report. 



March 28, 1989 



236 SENATE JOURNAL [Session 

S.B. 508, a bill to amend the requirements for registration as a licensed architect, 
with a favorable report. 

S.B. 566, a bill to repeal the requirement that lienholders of record file a request in 
order to receive notice of an in rem tax foreclosure, with a favorable report. 

CALENDAR (continued) 
Bills and Resolutions on today's Calendar are taken up and disposed of as follows: 

S.B. 182, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion. 

Without objection, on motion of Senator Goldston, the bill is taken up out of its 
regular order of business and consequently temporarily displaced. 

S.B. 90, a bill to allow the City of Charlotte to exercise the power of eminent do- 
main under certain conditions to provide housing for low-and moderate-income per- 
sons, for concurrence in House Amendments No. 1 and No. 2. 

On motion of Senator Sands, the Senate concurs in House Amendments No. 1 and 
No. 2 (42-0) and the bill is ordered enrolled. 

H.B. 4, a bill to update the reference to the Internal Revenue Code used to deter- 
mine certain taxable income and tax exemptions, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, Guy, Hardin, 
Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Mar- 
tin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Rauch, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Taft, Tally, 
Walker, Ward, and Winner— 43. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, March 29, for further consideration 
upon third reading. 

H.B. 5, a bill to make technical changes to the revenue laws, upon second reading. 

The bill passes its second reading by roll-call vote, ayes, 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Parnell, 
Rauch, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Taft, Tally, Walker, Ward, and Winner— 44. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, March 29, for further consideration 
upon third reading. 

S.B. 170 (Committee Substitute), a bill to provide a definition of machine gun and 
submachine gun, with Amendment No. 1 pending. 

Without objection, Amendment No. 1, offered March 7 by Senator Shaw is with- 
drawn. 

On motion of Senator Barker, Committee Amendment No. 2 is adopted. 

The Committee Substitute bill, as amended, passes its second (43-0) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 381, a bill to permit minors to lease safe deposit boxes. 

The bill passes its second (42-4) and third readings and is ordered sent to the House 
of Representatives. 



March 28, 1989 



1989] SENATE JOURNAL 237 

S.B. 386, a bill to regulate public swimming pools, as amended, with Amendment 
No. 2 pending. 

Without objection, Amendment No. 2, offered March 16 by Senator Richardson is 
withdrawn. 

The bill, as amended, passes its second reading (46-1). 

Senator Block objects to the third reading of the bill. 

The bill, as amended, remains on the Calendar for tomorrow, March 29, for further 
consideration upon third reading. 

H.B. 36 (Committee Substitute), a bill to require that cumulative impact be consid- 
ered prior to issuing CAM A water pollution control permits. 

On motion of Senator Barker, Committee Amendment No. 1 is adopted. 

The Committee Substitute bill, as amended, passes its second (47-0) and third 
readings and is ordered sent to the House of Representatives for concurrence in Senate 
Amendment No. 1. 



RE-REFERRAL 

S.B. 122, a bill to provide counseling and educational services to adolescent par- 
ents and their families and for adolescents that terminate their pregnancies and to 
provide family-oriented procedures for notification of pregnancy termination. 

On motion of Senator Richardson, the rules are suspended and the bill is taken from 
the Children and Youth Committee and is re-referred to the Judiciary I Com- 
mittee. 



CALENDAR (continued) 

H.B. 174, a bill to provide for nursing home patient's right to notification when the 
facility's license is revoked or made provisional. 

On motion of Senator Harris, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (47-0) and third readings and is ordered 
sent to the House of Representatives for concurrence in Senate Amendment No. 1. 

H.B. 289, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion. 

The bill passes its second (47-0) . 

Senator Bryan objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, March 29, for further consideration 
upon third reading. 

S.B. 147 (Committee Substitute), a bill to limit claims to victim and persons who 
helped him, to allow the North Carolina Crime Victim's Compensation Commission 
and its Director authority to adequately investigate a claim for compensation by requir- 
ing a victim or claimant to provide necessary medical and psychological information, 
to require law enforcement to cooperate with the Commission, to allow the Commis- 
sion to keep medical, law enforcement and juvenile records confidential, to make a 
technical correction to the Rules of Evidence in a contested case hearing, to allow the 
Director to negotiate with service providers for a reduced rate, and to provide for the 
Director to pursue restitution from convicted criminals, upon third reading. 

The Committee Substitute bill passes its third reading (47-0) and is ordered sent to 
the House of Representatives. 

S.B. 416, a bill to clarify the medical contraindications to State-mandated immuni- 
zations, upon third reading. 

Senator Sands, offers Amendment No. 1 which is adopted (47-0). 



March 28, 1989 



238 SENATE JOURNAL [Session 

The bill, as amended, passes its third reading (47-0) and is ordered engrossed and 
sent to the House of Representatives. 

S.B. 88, a bill to amend Chapter 899 of the 1985 Session Laws (Regular Session, 
1986) to provide changes only with respect to a wholly self-liquidating project, for 
concurrence in House Amendments No. 1 and No. 2. 

The Chair rules that House Amendments No. 1 and No. 2 are not material. 

On motion of Senator Hunt of Moore, the Senate concurs in House Amendments 
No. 1 and No. 2 (47-0), and the bill is ordered enrolled. 

S.B. 182, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion, temporarily displaced earlier. 

On motion of Senator Goldston, further consideration of the bill is postponed until 
tomorrow, March 29. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Daniel for the Manufacturing and Labor Committee: 

S.B. 303, a bill to increase the threshold above which government units may not 
use their own work force for construction projects, and to repeal local acts with lower 
thresholds than the new limit, with a favorable report, as amended. 

On motion of Senator Barnes, seconded by Senator Ballance, the Senate adjourns 
at 2:53 P.M. to meet tomorrow, March 29, at 1:30 P.M. 



FORTY-FIFTH DAY 

Senate Chamber, 
Wednesday, March 29, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable T. L. Odom, Senator from Mecklenburg County, 
as follows: 

"Almighty God, grant unto us today a portion of patience with things, with people, 
and especially with ourselves. If the task is difficult, give us perseverance which will 
not admit defeat. Give us patience to listen to anyone who wants to talk to us about a 
worry, a problem, or a need. As You are patient with us who are slow to learn and 
understand, help us to be patient with others we believe are slow to learn and under- 
stand. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 28, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



March 29, 1989 



1989] SENATE JOURNAL 239 

The President grants a leave of absence for today to Senator Conder, who has a 
doctor's appointment. 

The President grants courtesies of the gallery to Dr. Gerhart Holzinger, Director 
General of the Constitutional Service Department of the Republic of Austria. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 88, an act to amend Chapter 899 of the 1985 Session Laws (Regular Session, 
1986) to provide changes only with respect to a wholly self-liquidating project. 
(Ch. 30) 

S.B. 90, an act to allow the City of Charlotte to exercise the power of eminent 
domain under certain conditions to provide housing for low-and moderate-income 
persons. (Ch. 31) 

S.B. 187, an act to require that the State Department of Administration receive 
notices of local planning actions as to any territory covered by the Capital Planning 
Commission. (Ch. 32) 

H.B. 207, an act to change the Piedmont Triad Farmers Market to the Piedmont 
Agricultural Marketing and Processing Center. (Ch. 33) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harris for the Human Resources Committee: 

S.B. 246, a bill to provide for the implementation of programs to address the nurs- 
ing shortage in the State, with a favorable report. 

On motion of Senator Harris, the bill is re-referred to the Rules and Operation 
of the Senate Committee. 

S.B. 242, a bill to authorize the Board of Nursing to establish a Nurses Aides Reg- 
istry, with a favorable report, as amended. 

On motion of Senator Harris, bill is placed before the Senate for immediate consid- 
eration and on his further motion Committee Amendment No. 1 is adopted. 

On motion of Senator Harris, the bill, as amended, is ordered engrossed and re- 
referred to the Finance Committee. 

S.B. 243, a bill to establish the North Carolina Nursing Scholars Program and the 
North Carolina Nursing Scholars Commission, with a favorable report, as amended. 

On motion of Senator Harris, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

On motion of Senator Harris, the bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 

S.B. 245, a bill to create the Nursing Pool and the Home Care Agency Licensure 
Acts, with a favorable report, as amended. 

By Senator Speed for the Agriculture Committee: 

S.B. 546, a bill relating to the unauthorized use or possession of labeled dairy milk 
cases or crates bearing the name or label of its owner, with a favorable report. 



March 29, 1989 



240 SENATE JOURNAL [Session 

By Senator Parnell for the Insurance Committee: 

S.B. 498, a bill to improve the laws relating to the reporting and investigation of 
insurance fraud and the financial condition of insurance licensees; the laws relating to 
embezzlement by agents and brokers and the reporting thereof; and the laws relating to 
false statements by persons in the business of insurance, with a favorable report, as 
amended. 

S.B. 499, a bill to provide for the completion of fire reports by fire departments and 
the filing of fire reports with insurance claims, with a favorable report, as amended. 

S.B. 447, a bill to repeal the expiration date in the Risk Sharing Plan Act, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 447 (Committee Substitute), a bill to 
extend the expiration date in the Risk Sharing Plan Act, is placed before the Senate for 
immediate consideration. 

On motion of Senator Parnell, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Appropriations Committee. 

By Senator Raynor for the Veterans Affairs, Law Enforcement, and Senior 
Citizens Committee: 

S.B. 492, a bill to make technical changes to the law concerning the North Caro- 
lina Criminal Justice Education and Training Standards Commission, with a favorable 
report, as amended. 

On motion of Senator Raynor, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

On motion of Senator Raynor, the bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 

By Senator Rauch for the Finance Committee: 

S.B. 477, a bill to authorize Union County to collect sewerage connection and use 
charges for the Towns of Indian Trail and Stallings by the same method as it collects 
ad valorem taxes, with a favorable report. 

S.B. 575, a bill to permit the Town of Wake Forest to make special assessments for 
downtown parking improvements, with a favorable report. 

S.B. 604, a bill to clarify the authority of Caswell County to collect a motor vehicle 
tax, with a favorable report. 

H.B. 113, a bill to set out the boundaries of the Town of Harmony, and to validate 
actions of the Town, with a favorable report. 

S.B. 572, a bill to repeal an exemption for Buncombe County and its municipalities 
from acts authorizing local governments to engage in certain economic development 
activity and to issue economic development bonds, with a favorable report, as 
amended. 

By Senator Goldston for the Transportation Committee: 

S.B. 357, a bill to increase the amount of bail bond an automobile club may post, 
with a favorable report. 

S.B. 5, a bill to prohibit the affixing to a motor vehicle of any sticker, decal, em- 
blem, or other device containing profane or lewd words describing sexual acts, excre- 
tory functions, or parts of the human body, with a favorable report, as amended. 



March 29, 1989 



1989] SENATE JOURNAL 241 

S.B. 300, a bill to permit emergency medical service emergency support vehicles to 
have red lights and sirens, with a favorable report, as amended. 

S.B. 337, a bill to permit certain Radio Emergency Associated Citizens Teams 
(REACT) vehicles to activate yellow lights while operating on the highways, with a 
favorable report, as amended. 

H.B. 342, a bill to restrict the Department of Transportation from cutting down 
trees except in certain situations, with a favorable report, as amended. 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 199, a bill to authorize cities to enter into agreements concerning annexations, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calen- 
dar for Monday, April 3. 

By Senator Sherron for the State Government Committee: 

S.B. 239, a bill to provide that fees collected at State parks remain in the budget of 
the park that collected the fee and not revert to the General Fund, with a favorable 
report. 

On motion of Senator Sherron, the bill is re-referred to the Appropriations 
Committee. 

S.B. 382, a bill to expand the list of offices and departments receiving summer 
interns allocated by the North Carolina Internship Council of the Department of Ad- 
ministration, with a favorable report. 

On motion of Senator Sherron, the bill is placed on the Calendar for Monday, 
April 3. 

H.B. 213, a bill to make a technical change in the law relating to the membership 
of the State Building Commission, with a favorable report. 

On motion of Senator Sherron, the bill is placed on the Calendar for Monday, 
April 3. 

By Senator Barker for the Marine Resources and Wildlife Committee: 

S.B. 294, a bill to abolish the Seafood Study Commission and transfer its function 
to the Joint Legislative Commission on Seafood and Aquaculture, with a favorable 
report, as amended. 

On motion of Senator Barker, the rules are suspended, and the bill is placed before 
the Senate for immediate consideration and on his further motion Committee Amend- 
ment No. 1 is adopted. 

On motion of Senator Barker, the bill, as amended, is ordered engrossed and re- 
referred to the Rules and Operation of the Senate Committee. 

S.B. 315, a bill to provide for the development of aquaculture in North Carolina, 
with a favorable report, as amended. 

On motion of Senator Barker, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

On motion of Senator Barker, the bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 



March 29, 1989 



242 SENATE JOURNAL [Session 

S.B. 402, a bill to establish severe penalties for deliberately harvesting polluted 
shellfish and to increase fines for violations of marine fisheries statutes, with a favor- 
able report, as amended. 

S.B. 428, a bill to authorize the issuance of water column leases for commercial 
aquaculture activities, with a favorable report, as amended. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Taft, Ballance, Barker, Daniel, Ezzell, Hunt of Moore, Marvin, Mur- 
phy, Odom, Sands, Sherron, Tally, and Ward: 

S.B. 674, a bill to appropriate funds to provide State mandated vaccines without 
charge to health care providers. 

Referred to Appropriations Committee. 

By Senators Taft and Martin of Pitt: 

S.B. 675, a bill to permit the taking of foxes in Pitt County. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Plyler, Basnight, Conder, and Daniel: 

S.B. 676, a bill to provide State and local government law enforcement officers 
retired prior to August 1981, with additional post-retirement increases to supplement 
any other such increases for retired employees and their beneficiaries provided by the 
General Assembly beginning July 1, 1989. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senators Taft and Basnight: 

S.B. 677, a bill to appropriate funds for an athletic fieldhouse for Northside High 
School in Beaufort County. 

Referred to Appropriations Committee. 

By Senators Sherron, Daniel, Daughtry, Harris, Johnson of Wake, Royall, Shaw, 
Simpson, Smith, Taft, and Tally: 

S.B. 678, a bill to increase the penalty for engineers and land surveyors found guilty 
of certain misconduct in professional practice. 

Referred to State Government Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senators Walker, Cochrane, Harris, Hunt of Moore, Marvin, Richardson, 
Tally, and Ward: 

S.B. 679, a bill to appropriate funds to increase the level of funding for mentally 
retarded/developmentally disabled services. 

Referred to Appropriations Committee. 

By Senators Staton and Rauch: 

S.B. 680, a bill to appropriate funds for the 1990 State Games of North Carolina. 

Referred to Appropriations Committee. 

By Senator Johnson of Wake: 

S.B. 681, a bill to require that applicants for licensure as podiatrists complete one 
year of clinical residency and have passed the National Podiatry Board Examination. 

Referred to Judiciary III Committee and upon a favorable report re-referred to 
Finance Committee. 



March 29, 1989 



1989] SENATE JOURNAL 243 

By Senator Johnson of Wake: 

S.B. 682, a bill to permit court papers to be filed by facsimile machine. 

Referred to Judiciary III Committee. 

By Senator Johnson of Wake: 

S.B. 683, a bill requiring that headlights be illuminated when windshield wipers are 
on in inclement weather. 

Referred to Judiciary III Committee. 

By Senator Ezzell: 

S.B. 684, a bill to clarify the applicability of jail fees. 

Referred to Finance Committee. 

By Senator Soles: 

S.B. 685, a bill to include the Lumber River in the North Carolina Natural and 
Scenic River System, to establish a new class within the system to be designated Rec- 
reational River Areas, to establish the Lumber River State Park as a component of the 
State Parks System, to provide that State Park Rangers shall patrol the North Carolina 
Indian Cultural Center and to appropriate funds to implement this act. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 686, a bill to appropriate funds to the drug buy fund. 

Referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 687, a bill to appropriate funds for a new assistant county forest ranger posi- 
tion in Bertie County. 

Referred to Appropriations Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 35 (Committee Substitute), a bill to authorize and direct the Environmental 
Management Commission to phase in stormwater runoff rules and programs. 
Referred to Environment and Natural Resources Committee. 

H.B. 78, a bill to make available to counties information helpful in choosing a firm 
to conduct a reappraisal and to allow the Department of Revenue to assist counties 
during the contract phase of county reappraisal. 

Referred to Finance Committee. 

H.B. 93, a bill to require parental or judicial consent for unemancipated minor's 
abortion. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Appropriations Committee. 

H.B. 156 (Committee Substitute), a bill to authorize and direct the Environmental 
Management Commission to develop and adopt rules establishing minimum water sup- 
ply watershed management requirements for protection of the State's surface water 
supplies. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 



March 29, 1989 



244 SENATE JOURNAL [Session 

H.B. 192, a bill codifying the changes in the method of electing the Richmond 
County Board of Commissioners and Board of Education as ordered by the United 
States District Court for the Middle District of North Carolina. 

Referred to Election Laws Committee. 

H.B. 346, a bill to make permanent the act requiring declarations of intent and 
petitions for write-in candidates other than in municipal and nonpartisan elections. 
Referred to Election Laws Committee. 

S.J.R. 42 (House Committee Substitute), a joint resolution reauthorizing the Spe- 
cial Committee on Prisons, for concurrence in the House Committee Substitute joint 
resolution. 

On motion of Senator Parnell, the rules are suspended, and the House Committee 
Substitute joint resolution is placed on the Calendar for today. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 385, a bill to clarify the corporate limits of the Town of Ramseur, upon sec- 
ond reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Martin of Pitt, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 46. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, March 30, for further consideration 
upon third reading. 

H.B. 186, a bill to extend the corporate limits of the Town of Chadbourn, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Parnell, Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 46. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, March 30, for further consideration 
upon third reading. 

H.B. 307, a bill to place a moratorium on annexations by the Town of Seven Dev- 
ils within Watauga County. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading (47-0). 

Senator Sands objects to the third reading of the bill. 

The bill, as amended, remains on the Calendar for tomorrow, March 30, for further 
consideration upon third reading. 

H.B. 4, a bill to update the reference to the Internal Revenue Code used to deter- 
mine certain taxable income and tax exemptions, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 46, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 



March 29, 1989 



1989] SENATE JOURNAL 245 

Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Martin of Guilford, Marvin, Murphy, Odom, Plyler, 
Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered enrolled. 

H.B. 5, a bill to make technical changes to the revenue laws, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Win- 
ner— 48. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 566, a bill to repeal the requirement that lienholders of record file a request in 
order to receive notice of an in rem tax foreclosure, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 47. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, March 30, for further consideration 
upon third reading. 

S.B. 182, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion. 

On motion of Senator Goldston, consideration of the bill is postponed until tomor- 
row, March 30. 

S.B. 303, a bill to increase the threshold above which government units may not 
use their own work force for construction projects, and to repeal local acts with lower 
thresholds than the new limit. 

On motion of Senator Daniel, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (47-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 422, a bill to change the burden of proof in civil paternity actions. 
The bill passes its second reading (48-0). 
Senator Sands objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, March 30, for further consideration 
upon third reading. 

S.B. 470, a bill to provide that the Wildlife Resources Commission may adopt a 
temporary replacement cost for swans without prior notice or hearing or upon abbrevi- 
ated notice or hearing. 

The bill passes its second reading (48-0). 

Senator Cobb objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, March 30, for further consideration 
upon third reading. 



March 29, 1989 



246 SENATE JOURNAL [Session 

S.B. 508, a bill to amend the requirements for registration as a licensed architect. 
The bill passes its second (45-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 386, a bill to regulate public swimming pools, as amended, upon third read- 
ing. 

Senator Block offers Amendment No. 3 which is adopted (47-0). 

The bill, as amended, passes its third reading (44-2), and is ordered engrossed and 
sent to the House of Representatives. 

H.B. 289, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion, upon third reading. 

Senator Bryan offers Amendment No. 1 which is adopted (45-0). 

The bill, as amended, passes its third reading (45-0), and is ordered sent to the 
House of Representatives for concurrence in Senate Amendment No. 1. 

S.J.R. 42 (House Committee Substitute), a joint resolution reauthorizing the Spe- 
cial Committee on Prisons, for concurrence in the House Committee Substitute joint 
resolution. 

On motion of Senator Parnell, the Senate concurs in the House Committee Substi- 
tute joint resolution (46-0) and the joint resolution is ordered enrolled. 

S.B. 470, a bill to provide that the Wildlife Resources Commission may adopt a 
temporary replacement cost for swans without prior notice or hearing or upon abbrevi- 
ated notice or hearing, upon third reading. 

Senator Cobb withdraws his objection to the third reading of the bill. Without fur- 
ther objection, the bill is withdrawn from the Calendar of tomorrow, March 30, and is 
placed before the Senate for further consideration upon its third reading. 

The bill passes its third reading and is ordered sent to the House of Representatives. 

INTENTION TO AMEND PERMANENT RULES 

Senator Winner rises and notifies the Senate, pursuant to Rule 77, of his intention 
to introduce a Senate simple resolution to amend the Permanent Rules of the Senate by 
deleting Rule 40(c). 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 2:34 P.M. to meet tomorrow, March 30, at 1:30 P.M. 



FORTY-SIXTH DAY 



Senate Chamber, 
Thursday, March 30, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, from Whom we come and unto Whom our spirits return, let each segment 
of our days be lived as before Thy Face. 

"Be with the young who are, even now, coming up through the gates of the morning. 
Save them from the curse of drugs, and forbid that this Senate put in their path any 
cause for stumbling. 



March 30, 1989 



1989] SENATE JOURNAL 247 

"Be with the mature in the floodtide of their powers. Give them full years of fruitful 
service, and save them (as the psalmist said) 'from the destruction that wasteth at 
noonday. * 

"Lend Thy support, O God of grace, to those drawing near the river, across whose 
flood can be seen the shining battlements of an eternal city. Let the sunset be, for 
them, the most beautiful part of the day. 

"And grant us all, O God of our lives, a safe lodging, a holy rest, and peace at the 
last. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
March 29, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

Senator Taft requests to be recorded present. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 61, an act to amend the statement of cost of public documents. (Ch. 34) 

S.B. 305, an act to clarify the ownership of property used by the Administrative 
Rules Review Commission and to give the Commission computer access to the Admin- 
istrative Code. (Ch. 35) 

H.B. 4, an act to update the reference to the Internal Revenue Code used to deter- 
mine certain taxable income and tax exemptions. (Ch. 36) 

H.B. 5, an act to make technical changes to the revenue laws. (Ch. 37) 

S.J.R. 42 (House Committee Substitute), a joint resolution reauthorizing the Spe- 
cial Committee on Prisons. (Res. 8) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Swain for the Judiciary I Committee: 

S.B. 517, a bill to provide that a local forensic evaluation shall be made of a defen- 
dant charged with a misdemeanor whose capacity to proceed to trial is questioned 
before a State evaluation may be ordered, with a favorable report. 

S.B. 524, a bill to include additional controlled substances in the controlled sub- 
stances schedules, with a favorable report. 

S.B. 525, a bill to make various technical amendments to the General Statutes as 
recommended by the General Statutes Commission, with a favorable report. 

S.B. 529, a bill to clarify the law concerning the issuance of an order changing the 
name of an adopted person who is eighteen or more years of age as recommended by 
the General Statutes Commission, with a favorable report. 

S.B. 530, a bill to amend G.S. 59-105 to expressly provide that service of process 
upon the registered agent of a limited partnership is binding on the partnership as 
recommended by the General Statutes Commission, with a favorable report. 



March 30, 1989 



248 SENATE JOURNAL [Session 

S.B. 532, a bill to amend the catch line of the law concerning custody of persons 
incapable of self-support upon reaching majority to conform to the body of the law as 
recommended by the General Statutes Commission, with a favorable report. 

S.B. 534, a bill to provide that a deed shall contain a recitation of the grantor's 
source of title as recommended by the General Statutes Commission, with a favorable 
report. 

S.B. 494, a bill to provide for winery special show permits, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Swain, the Committee Substitute bill is re-referred to the 
Finance Committee. 

By Senator Guy for the Public Utilities Committee: 

S.B. 332, a bill to conform State gas pipeline standards to the newly enacted 
amendments to the Federal Natural Gas Pipeline Safety Act of 1968, with a favorable 
report. 

On motion of Senator Guy, the bill is re-referred to the Finance Committee. 

S.B. 496, a bill to clarify that homeowners' association-owned water and sewer 
utilities are exempt from regulation by the Utilities Commission, with a favorable re- 
port. 

By Senator Barker for the Marine Resources and Wildlife Committee: 

S.B. 278, a bill to revise animal welfare and control laws and create the Animal 
Welfare Act Enforcement Fund, with an unfavorable report as to bill, but favorable as 
to Committee Substitute bill. 

On motion of Senator Barker, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Barker, the Committee Substitute bill is re-referred to the 
Finance Committee. 

By Senator Plyler for the Ways and Means Committee: 

H.B. 88, a bill to repeal the prohibition of the manufacture and sale of liquor in the 
Town of Linden, with a favorable report. 

On motion of Senator Plyler, the bill is re-referred to the Alcoholic Beverage 
Control Committee. 

H.B. 222, a bill to allow Pasquotank County additional flexibility to fund public 
school construction, with a favorable report. 

On motion of Senator Plyler, the bill is re-referred to the Finance Committee. 

H.B. 239, a bill to amend the Charter of the City of Charlotte with respect to the 
Zoning Board of Adjustment, with a favorable report. 

On motion of Senator Plyler, the bill is re-referred to the Local Government and 
Regional Affairs Committee. 

H.B. 269, a bill to adopt the council-manager form of government for the Town of 
Topsail Beach, retroactive from when the Town established it, with a favorable re- 
port. 

On motion of Senator Plyler, the bill is re-referred to the Local Government and 
Regional Affairs Committee. 



March 30, 1989 



1989] SENATE JOURNAL 249 

H.B. 282, a bill to allow the Town of Roper to regulate the abandonment of junked 
motor vehicles, with a favorable report. 

On motion of Senator Plyler, the bill is re-referred to the Local Government and 
Regional Affairs Committee. 

By Senator Block for the Pensions and Retirement Committee: 

S.B. 445, a bill to increase the benefits of the law enforcement officers' , firemen's, 
rescue squad workers', and Civil Air Patrol Members' Death Benefits Act, with a 
favorable report. 

On motion of Senator Block, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 126, a bill to extend death benefit provisions to survivors of deputy fire mar- 
shals, assistant fire marshals, and fire inspectors, with a favorable report, as 
amended. 

On motion of Senator Block, and the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1, is adopted 
changing the title to read, S.B. 126, a bill to extend death benefit provisions to survi- 
vors of deputy fire marshals, and assistant fire marshals. 

On motion of Senator Block, the bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Hunt of Durham: 

S.B. 688, a bill to appropriate funds to complete renovations of the Cheatham 
Building, old administration building, and other significant historical landmarks that 
comprise the campus of the Central Children's Home, Inc. 

Referred to Appropriations Committee. 

By Senator Johnson of Cabarrus: 

S.B. 689, a bill to grant to the enforcement inspectors and officers of the Division 
of Motor Vehicles the powers of peace officers. 
Referred to Judiciary I Committee. 

By Senator Johnson of Cabarrus: 

S.B. 690, a bill to allow for the merger of a city and a sanitary district which is 
contained wholly within its borders but which is not coterminous. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Harris and Johnson of Cabarrus: 

S.B. 691, a bill to provide for a commercial drivers license system; endorsements to 
a commercial driver license; and disqualifying offenses for a commercial driver li- 
cense. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Winner: 

S.R. 692, a Senate simple resolution to amend the permanent rules of the Senate 
for the 1989 Session of the General Assembly by removing the limitation on the types 
of resolutions which may be introduced or considered. 

On motion of Senator Winner, the resolution is placed on the Calendar for Tuesday, 
April 4, for adoption. 



March 30, 1989 



250 SENATE JOURNAL [Session 

By Senators Rauch and Royall: 

S.B. 693, a bill to authorize the construction and the financing of a self-liquidating 
research facility to be leased to the United States Environmental Protection Agency by 
the University of North Carolina at Chapel Hill. 

Referred to Finance Committee and upon a favorable report re-referred to Ap- 
propriations Committee. 

By Senators Marvin, Tally, Ward, and Hunt of Moore: 

S.B. 694, a bill to clarify that an arrest may be made without a warrant if a law 
enforcement officer has probable cause to believe that an act of domestic violence has 
occurred. 

Referred to Judiciary I Committee. 

By Senators Marvin, Tally, Hunt of Moore, Ward, and Cochrane: 
S.B. 695, a bill to appropriate funds to the Department of Administration to help 
support domestic violence prevention programs and centers. 
Referred to Appropriations Committee. 

By Senators Tally, Sherron, Raynor, Swain, and Winner: 

S.B. 696, a bill to appropriate funds for the North Carolina Radio Reading Serv- 
ices. 

Referred to Appropriations Committee. 

By Senator Royall: 

S.B. 697, a bill to change the name of the Western North Carolina Arboretum to 
the North Carolina Arboretum. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Allran, Ballance, Bryan, Cochrane, Daniel, Daughtry, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Martin of Guilford, Marvin, Shaw, 
Sherron, Simpson, Smith, Tally, and Ward: 

S.B. 698, a bill to require that child support guidelines be used as a rebuttable 
presumption to establish child support obligations and to require periodic review. 

Referred to Judiciary II Committee. 

By Senators Shaw, Allran, Daniel, Johnson of Cabarrus, Kaplan, Martin of Guil- 
ford, Odom, Rauch, Royall, Sherron, Smith, and Taft: 

S.B. 699, a bill to impose an excise tax on controlled substances. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senators Murphy, Ballance, Barker, Basnight, Bryan, Conder, Ezzell, Guy, 
Harris, Kincaid, Parnell, Plyler, Smith, Soles, Speed, Swain, and Taft: 

S.B. 700, a bill to amend and clarify the laws concerning the promotion of use and 
sale of agricultural products to include tobacco and to make conforming changes. 

Referred to Agriculture Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Speed: 

S.B. 701, a bill to appropriate funds for a senior citizens center in Franklin County. 

Referred to Appropriations Committee. 

By Senators Speed, Basnight, Daniel, Goldston, Guy, Martin of Pitt, Martin of 
Guilford, Murphy, Parnell, Sherron, Soles, and Taft: 

S.B. 702, a bill to increase the amount of the assessment that can be levied for the 
promotion of the sale and use of tobacco and to clarify other provisions relating to 
tobacco assessments. 

Referred to Agriculture Committee and upon a favorable report re-referred to 
Finance Committee. 



March 30, 1989 



1989] SENATE JOURNAL 251 

By Senator Speed: 

S.B. 703, a bill to appropriate funds to implement the Migrant Worker Housing 
Act. 

Referred to Appropriations Committee. 

By Senator Speed: 

S.B. 704, a bill to allow rental for Department of Transportation employees of 
uniforms that include day-glo orange shirts to be paid through payroll deduction. 
Referred to Transportation Committee. 

By Senator Speed: 

S.B. 705, a bill to appropriate funds for a farmers' market in Franklin County. 

Referred to Appropriations Committee. 

By Senators Daniel, Barker, Basnight, Block, Conder, Ezzell, Goldston, Guy, Har- 
ris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Soles, Speed, Staton, Taft, Tally, Walker, Ward, and Win- 
ner: 

S.B. 706, a bill to provide that a person who illegally manufactures, sells, or deliv- 
ers a Schedule I or Schedule II controlled substance is strictly liable for a drug-induced 
death and is guilty of a Class C felony. 

Referred to Judiciary I Committee. 

By Senators Daniel, Barker, Basnight, Block, Conder, Ezzell, Goldston, Guy, Har- 
ris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Soles, Speed, Staton, Taft, Walker, Ward, and Winner: 

S.B. 707, a bill to provide that a person convicted of a drug trafficking violation is 
not eligible for early release, early parole, good time, or gain time. 

Referred to Judiciary I Committee. 

By Senators Daniel, Barker, Basnight, Block, Conder, Ezzell, Goldston, Guy, Har- 
ris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Soles, Speed, Staton, Taft, Walker, Ward, and Winner: 

S.B. 708, a bill to provide for revocation of the driver's license of a person who 
pleads guilty, is convicted of, or is adjudicated delinquent for certain drug offenses. 

Referred to Judiciary I Committee. 

By Senators Winner, Barker, Basnight, Block, Conder, Daniel, Ezzell, Goldston, 
Guy, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of 
Pitt, Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Sherron, Soles, Speed, Staton, Taft, Walker, and Ward: 

S.B. 709, a bill to increase the sentence for the illegal sale or delivery of drugs to a 
minor or a pregnant woman. 

Referred to Judiciary I Committee. 

By Senators Daniel, Barker, Basnight, Block, Conder, Ezzell, Goldston, Guy, Har- 
ris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Soles, Speed, Staton, Taft, Walker, Ward, and Winner: 

S.B. 710, a bill to provide that an adult who uses, solicits, or hires a minor to 
commit a drug violation is guilty of a Class E felony and is ineligible for parole, good 
time, or gain time. 

Referred to Judiciary I Committee. 

By Senators Daniel, Barker, Basnight, Block, Conder, Ezzell, Goldston, Guy, Har- 
ris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, 



March 30, 1989 



252 SENATE JOURNAL [Session 

Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Soles, Speed, Staton, Taft, Tally, Walker, Ward, and Win- 
ner: 

S.B. 711, a bill to provide that a certified chemical analysis report may be admitted 
in evidence in superior court without further authentication or supporting testimony. 

Referred to Judiciary I Committee. 

By Senators Daniel, Barker, Basnight, Block, Conder, Ezzell, Goldston, Guy, Har- 
ris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Soles, Speed, Staton, Taft, Tally, Walker, Ward, and Win- 
ner: 

S.B. 712, a bill to create a felony offense of trafficking in amphetamines. 

Referred to Judiciary I Committee. 

By Senators Daniel, Barker, Basnight, Block, Conder, Ezzell, Goldston, Guy, Har- 
ris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Soles, Speed, Staton, Taft, Walker, Ward, and Winner: 

S.B. 713, a bill to increase the sentence for engaging in a continuing criminal en- 
terprise. 

Referred to Judiciary I Committee. 

By Senators Daniel, Barker, Basnight, Block, Conder, Ezzell, Goldston, Guy, Har- 
ris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Sherron, Soles, Speed, Staton, Taft, Walker, Ward, and Winner: 

S.B. 714, a bill to increase the penalty for conspiracy or solicitation to commit a 
murder and conspiracy or solicitation to commit murder of certain persons. 

Referred to Judiciary I Committee. 

By Senators Soles, Barker, Basnight, Block, Conder, Daniel, Ezzell, Guy, Harris, 
Hunt of Durham, Hunt of Moore, Johnson of Wake, Martin of Pitt, Marvin, Mur- 
phy, Parnell, Plyler, Rauch, Raynor, Richardson, Sands, Sherron, Speed, Staton, 
Taft, Walker, and Ward: 

S.B. 715, a bill to provide funds to continue a special program for the prosecution 
of drug trafficking offenses making use of the investigative grand jury. 

Referred to Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 157, a bill to develop a State water supply plan. 

Referred to Environment and Natural Resources Committee. 

H.B. 571 (Committee Substitute), a bill to require general contractors to provide 
evidence of financial responsibility and to increase the project value limits for the lim- 
ited license. 

Referred to Judiciary III Committee. 

S.B. 180, a bill to provide for the adjustment and resolution of construction con- 
tract claims for community college construction, for concurrence in House Amend- 
ment No. 1 which is placed on the Calendar for Monday, April 3. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



March 30, 1989 



1989] SENATE JOURNAL 253 

S.B. 385, a bill to clarify the corporate limits of the Town of Ramseur, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 47, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Mur- 
phy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sher- 
ron, Simpson, Smith, Soles, Speed, Staton, Swain, Tally, Walker, Ward, and Win- 
ner — 47. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H.B. 186, a bill to extend the corporate limits of the Town of Chadbourn, upon 
third reading. 

The bill, as amended, passes its third by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Swain, Tally, Walker, Ward, and Winner— 46. 

Voting in the negative: None. 

The bill is ordered enrolled. 

S.B. 477, a bill to authorize Union County to collect sewerage connection and use 
charges for the Towns of Indian Trail and Stallings by the same method as it collects 
ad valorem taxes, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, 
Simpson, Smith, Soles, Speed, Swain, Tally, Walker, Ward, and Winner — 46. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, April 3 for further consideration 
upon third reading. 

S.B. 572, a bill to repeal an exemption for Buncombe County and its municipalities 
from acts authorizing local governments to engage in certain economic development 
activity and to issue economic development bonds, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted (46-0). 

The bill, as amended, passes its second reading by roll-call vote, ayes 43, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Carpenter, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Martin of Guilford, Marvin, Murphy, Odom, 
Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Swain, Tally, Walker, Ward, and Winner— 43. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for Monday, April 3 for further 
consideration upon third reading. 

S.B. 575, a bill to permit the Town of Wake Forest to make special assessments for 
downtown parking improvements, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 47, noes 0, as follows: 



March 30, 1989 



254 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Swain, Tally, Walker, Ward, and Win- 
ner— 47. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, April 3 for further consideration 
upon third reading. 

S.B. 604, a bill to clarify the authority of Caswell County to collect a motor vehicle 
tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 46, noes 2, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Mur- 
phy, Odom, Parnell, Plyler, Rauch, Raynor, Royall, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Swain, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: Senators Harris and Sands— 2. 

The bill remains on the Calendar for Monday, April 3 for further consideration 
upon third reading. 

H.B. 113, a bill to set out the boundaries of the Town of Harmony, and to validate 
actions of the Town, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Tally, Walker, Ward, and 
Winner— 48. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, April 3 for further consideration 
upon third reading. 

H.B. 307, a bill to place a moratorium on annexations by the Town of Seven Dev- 
ils within Watauga County, as amended, upon third reading. 

The bill, as amended, passes its third reading (48-0) and 

is ordered sent to the House of Representatives for concurrence in Senate Amend- 
ment No. 1. 

S.B. 566, a bill to repeal the requirement that lienholders of record file a request in 
order to receive notice of an in rem tax foreclosure, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 48, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Tally, Walker, Ward, and 
Winner— 48. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 



March 30, 1989 



1989] SENATE JOURNAL 255 

S.B. 5, a bill to prohibit the affixing to a motor vehicle of any sticker, decal, em- 
blem, or other device containing profane or lewd words describing sexual acts, excre- 
tory functions, or parts of the human body. 

On motion of Senator Plyler, Committee Amendment No. 1 is adopted (46-0), 
changing the title to read, S.B. 5, a bill to prohibit the affixing to a motor vehicle of 
any sticker, decal, emblem, drawing, photograph, painting or other device containing 
indecent words describing sexual acts, excretory functions, or parts of the human body 
or a visual depiction which is harmful to minors. 

Senator Odom offers Amendment No. 2, amending Amendment No. 1. 

Without objection, on motion of Senator Sands, the bill, as amended, is temporarily 
displaced, with Amendment No. 2 pending. 

S.B. 182, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion. 

On motion of Senator Goldston, consideration of the bill is postponed until Mon- 
day, April 3. 

S.B. 245, a bill to create the Nursing Pool and the Home Care Agency Licensure 
Acts. 

On motion of Senator Harris, Committee Amendments No. 1 and No. 2 are 
adopted. 

The bill, as amended, passes its second (47-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 300, a bill to permit emergency medical service emergency support vehicles to 
have red lights and sirens. 

On motion of Senator Goldston, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (47-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 337, a bill to permit certain Radio Emergency Associated Citizens Teams 
(REACT) vehicles to activate yellow lights while operating on the highways. 

On motion of Senator Goldston, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (48-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 357, a bill to increase the amount of bail bond an automobile club may post. 
The bill passes its second (48-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 402, a bill to establish severe penalties for deliberately harvesting polluted 
shellfish and to increase fines for violations of marine fisheries statutes. 

On motion of Senator Barker, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (48-1) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 428, a bill to authorize the issuance of water column leases for commercial 
aquaculture activities. 

On motion of Senator Barker, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (48-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 498, a bill to improve the laws relating to the reporting and investigation of 
insurance fraud and the financial condition of insurance licensees; the laws relating to 
embezzlement by agents and brokers and the reporting thereof; and the laws relating to 
false statements by persons in the business of insurance. 

On motion of Senator Parnell, Committee Amendment No. 1 is adopted. 



March 30, 1989 



256 SENATE JOURNAL [Session 

On motion of Senator Harris, the bill, as amended, is re-referred to the Judiciary 
I Committee. 

The President of the Senate relinquishes the gavel to Senator Barnes, President Pro 
Tempore, who presides. 



CALENDAR (continued) 

S.B. 499, a bill to provide for the completion of fire reports by fire departments and 
the filing of fire reports with insurance claims. 

On motion of Senator Johnson of Wake, Committee Amendment No. 1 is adopted. 

Senator Soles offers Amendment No. 2. 

On motion of Senator Harris, the bill, as amended, with Amendment No. 2 pend- 
ing, is re-referred to the Judiciary I Committee. 

S.B. 546, a bill relating to the unauthorized use or possession of labeled dairy milk 
cases or crates bearing the name or label of its owner. 

On motion of Senator Ezzell, the bill is re-referred to the Judiciary I Commit- 
tee. 

H.B. 342, a bill to restrict the Department of Transportation from cutting down 
trees except in certain situations. 

On motion of Senator Goldston, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
sent to the House of Representatives for concurrence in Senate Amendment No. 1. 

S.B. 422, a bill to change the burden of proof in civil paternity actions, upon third 
reading. 

Senator Sands offers Amendment No. 1. 

On motion of Senator Soles, further consideration of the bill with Amendment 
No. 1 pending, is postponed until Tuesday, April 4. 

S.B. 5, a bill to prohibit the affixing to a motor vehicle of any sticker, decal, em- 
blem, containing drawing, photograph, painting, or other device containing indecent 
words describing sexual acts, excretory functions, or parts of the human body or visual 
depiction which is harmful to minors, as amended, with Amendment No. 2 pending, 
temporarily displaced earlier. 

Senator Odom offers a perfecting Amendment, No. 3, amending pending Amend- 
ment No. 2. 

On motion of Senator Barker, the bill, as amended, with Amendments No. 2 and 
No. 3 pending, is re-referred to the Judiciary I Committee. 



REPORTS OF COMMITTEES 

The following standing committee report is submitted out of the regular order of 
business, read by its title, together with the report accompanying it, and takes its place 
on the Calendar, as follows: 

By Senator Conder for the Education Committee: 

S.B. 421, a bill to increase the number of persons eligible to be paid as a superin- 
tendent of schools on a temporary basis, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Conder, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 



March 30, 1989 



1989] SENATE JOURNAL 257 

On motion of Senator Conder, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

On motion of Senator Royall, seconded by Senator Marvin, the Senate adjourns at 
3:31 P.M. to meet Monday, April 3, at 8:00 P.M. 



FORTY-SEVENTH DAY 

Senate Chamber, 
Monday, April 3, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by the Honorable Austin Allran, Senator from Catawba County, as 
follows: 

"Dear Holy Father, God, as we begin this a new week, please bless us, please keep 
us, please warm us, please defend us. Reside with us in this Great Hall as we begin 
our work anew. 

"Keep us ever mindful that true peace is reposed in Thee only, and that if we have 
failed to keep faith with Thee in the past, if we confess our sins, we can be renewed in 
Thee. 

"As we deliberate, as brothers and sisters, keep us aware that toleration and respect 
and humility before Thy divinity are traits that are good in Thy sight. 

"Shine on us, shine through us, strengthen our hearts and souls. Keep us worthy of 
the heritage bequeathed to us by our forebears. 

"We pray these things in Thy Holy and Perfect Name. World without end, Amen. " 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
March 30, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for tonight to Senator Walker who is ill and 
to Senator Kaplan, due to the birth of a daughter, Sarah Elizabeth. 

The President grants courtesies of the gallery to Peter Gilchrist, the District Attorney 
of the Twenty-Sixth Judicial District. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 186, an act to extend the corporate limits of the Town of Chadbourn. 
(Ch. 38) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Winner: 

S.B. 716, a bill to provide that all elections on the approvals of acts and constitu- 
tional amendments submitted to the voters by the 1989 General Assembly shall be on 
November 7, 1989. 

Referred to Constitution Committee. 



April 3, 1989 



258 SENATE JOURNAL [Session 

By Senator Winner: 

S.B. 717, a bill to simplify calculation of the intangibles tax on shares of stock by 
exempting from taxation stock issued by a corporation that allocates more than one- 
half of its income to this State for income tax purposes and taxing the entire value of 
stock issued by a corporation that allocates less than one-half of its income to this 
State for income tax purposes. 

Referred to Finance Committee. 

By Senator Winner: 

S.B. 718, a bill to establish a Commission to study salaries of members of the 
General Assembly and justices and judges and make recommendations to the 1990 
Session of the General Assembly. 

Referred to Appropriations Committee. 

By Senator Winner: 

S.B. 719, a bill to remove the sunset provision on the North Carolina Racketeer 
Influenced and Corrupt Organizations Act (RICO). 
Referred to Judiciary II Committee. 

By Senator Winner: 

S.B. 720, a bill to prohibit the use or sale of foam packaging. 

Referred to Environment and Natural Resources Committee. 

By Senators Plyler, Walker, and Conder: 

S.B. 721, a bill to appropriate funds for environmental health programs and serv- 
ices. 

Referred to Appropriations Committee. 

By Senators Hunt of Durham, Royall, and Ballance: 

S.R. 722, a Senate simple resolution honoring the life and memory of Dr. James E. 
Shepherd, founder of North Carolina Central University, and North Carolina Central 
University's men's basketball team for its national championship. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Block: 

S.B. 723, a bill clarifying the authority of large cities in coastal counties to require 
mandatory use of municipal solid waste collection and disposal services in the city 
limits, so as to recognize unique problems in dense urban areas in sensitive environ- 
mental areas. 

Referred to Environment and Natural Resources Committee. 

By Senator Sands: 

S.B. 724, a bill provide that a State employee who drives a State vehicle home 
incident to his employment and at the request of his employer shall receive the value of 
the commute as income. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senator Sands: 

S.B. 725, a bill to amend the public school laws to clarify the authority of local 
school boards to enter into installment sales agreements. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Education Committee. 

By Senators Daughtry and Cochrane: 

S.B. 726, a bill to allow public auction dealers to sell motor vehicles with current 
inspection stickers. 

Referred to Transportation Committee. 



April 3, 1989 



1989] SENATE JOURNAL 259 

By Senator Sands: 

S.B. 727, a bill to amend the public school laws to clarify the authority of local 
school boards to enter into leases. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Education Committee. 

By Senator Sands: 

S.B. 728, a bill to amend the public school laws to clarify the authority of local 
school boards to enter into lease-purchase agreements. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Education Committee. 

By Senator Sands: 

S.B. 729, a bill to amend the public school laws to clarify the authority of local 
school boards to enter into continuing contracts for capital outlay purposes under G.S. 
115C-441(cl). 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Education Committee. 

By Senator Ezzell: 

S.B. 730, a bill to repeal the Speedy Trial Act. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 731, a bill to define muscular dystrophy for tax purposes. 

Referred to Finance Committee. 

By Senator Ezzell: 

S.B. 732, a bill require disclosure of additional evidence by the State in criminal 
cases and to require a hearing on pretrial motions at least seven days before trial in 
most jurisdictions. 

Referred to Judiciary I Committee. 

By Senator Ezzell: 

S.B. 733, a bill to clarify that the intangibles tax does not apply to funds composed 
entirely of obligations of the United States. 
Referred to Finance Committee. 

By Senator Ballance: 

S.B. 734, a bill to amend the General Rules of Pleadings to allow the claimant 
thirty days to respond to a request for a statement of the monetary relief sought. 
Referred to Judiciary II Committee. 

By Senators Conder, Ballance, Barker, Basnight, Block, Daniel, Ezzell, Guy, Har- 
ris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Richardson, 
Royall, Sands, Soles, Speed, Swain, Taft, Tally, Walker, Ward, and Winner: 

S.B. 735, a bill to impose an excise tax on controlled substances. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Odom: 

S.B. 736, a bill to provide attorney's fees to prevailing parties in actions relating to 
statutory liens on real property and payment and performance bonds. 
Referred to Judiciary III Committee. 

By Senators Swain, Barker, Basnight, Block, Conder, Ezzell, Guy, Johnson of 
Cabarrus, Kaplan, Martin of Pitt, Marvin, Parnell, Richardson, Ward, and Winner: 
S.B. 737, a bill to redefine theft of cable television services. 
Referred to Judiciary I Committee. 



April 3, 1989 



260 SENATE JOURNAL [Session 

By Senator Bryan: 

S.B. 738, a bill to make changes in the election statutes-2. 

Referred to Election Laws Committee. 

By Senator Bryan: 

S.B. 739, a bill to make changes in the election statutes- 1. 

Referred to Election Laws Committee. 

By Senator Bryan: 

S.B. 740, a bill to amend the taxing power of the State or its political subdivisions. 
Referred to Constitution Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Bryan: 

S.B. 741, a bill to further amend the taxing power of the State or its political subdi- 
visions. 

Referred to Constitution Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senators Allran and Bryan: 

S.B. 742, a bill to appropriate funds to Alexander County to assist with the con- 
struction of an emergency medical service facility. 
Referred to Appropriations Committee. 

By Senators Tally and Raynor: 

S.J.R. 743, a joint resolution honoring the lives of the many revolutionary patriots 
who died so that the colonies could be free to enact a constitution and bill of rights 
guaranteeing our basic freedoms and rights. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Sherron: 

S.B. 744, a bill to change the qualifications for membership on the North Carolina 
State Board of Registration for professional engineers and land surveyors. 
Referred to State Government Committee. 

By Senators Odom and Johnson of Wake: 

S.B. 745, a bill to create the North Carolina Health Insurance Pool. 

Referred to Insurance Committee. 

By Senators Bryan and Allran: 

S.B. 746, a bill to appropriate funds to Alexander County to assist with the con- 
struction of an emergency medical service facility. 
Referred to Appropriations Committee. 

By Senators Royall, Basnight, Block, Bryan, Plyler, Rauch, and Sherron: 
S.B. 747, a bill to provide a more complete definition of full cost retirement service 
credit purchases in the State- Administered Retirement Systems. 
Referred to Pensions and Retirement Committee. 

By Senators Basnight, Bryan, Daniel, Johnson of Wake, Murphy, Sherron, and 
Tally: 

S.B. 748, a bill to appropriate funds for the North Carolina Solar Center. 
Referred to Appropriations Committee. 

By Senator Martin of Guilford: 

S.B. 749, a bill to prohibit solicitation using a misleading public safety identity. 

Referred to Judiciary II Committee. 

By Senators Martin of Guilford, Allran, Ballance, Barker, Block, Conder, Daniel, 
Harris, Rauch, and Shaw: 

S.B. 750, a bill to modify the law applying to vehicles fleeing to elude arrest. 
Referred to Judiciary I Committee. 



April 3, 1989 



1989] SENATE JOURNAL 261 

By Senator Martin of Guilford: 

S.B. 751, a bill to establish and provide funding for a State Educational Equity 
Grant Program for school districts that have high concentrations of preschool and 
school age children who are from low-income families, for the development and im- 
plementation of programs to assist such children who demonstrate or are at risk of 
demonstrating below average academic performance and social development during 
their school years. 

Referred to Education Committee and upon a favorable report re-referred to 
Appropriations Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 246, a bill to allow the Towns of Kill Devil Hills, Kitty Hawk, Manteo, Nags 
Head, and Southern Shores to impose facilities fees. 

Referred to Local Government and Regional Affairs Committee and upon 
a favorable report re-referred to Finance Committee. 

H.B. 330 (Committee Substitute), a bill to repeal obsolete corporate franchise tax 
exemptions and clarify the definition of private telecommunications for corporate fran- 
chise tax purposes. 

Referred to Public Utilities Committee and upon a favorable report re-referred 
to Finance Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 477, a bill to authorize Union County to collect sewerage connection and use 
charges for the Towns of Indian Trail and Stallings by the same method as it collects 
ad valorem taxes, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, 
Tally, Ward, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 572, a bill to repeal an exemption for Buncombe County and its municipalities 
from acts authorizing local governments to engage in certain economic development 
activity and to issue economic development bonds, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, 
Tally, Ward, and Winner— 43. 

Voting in the negative: None. 



April 3, 1989 



262 SENATE JOURNAL [Session 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 575, a bill to permit the Town of Wake Forest to make special assessments for 
downtown parking improvements, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, 
Tally, Ward, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 604, a bill to clarify the authority of Caswell County to collect a motor vehicle 
tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, 
Tally, Ward, and Winner — 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H.B. 113, a bill to set out the boundaries of the Town of Harmony, and to validate 
actions of the Town, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Raynor, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, 
Tally, Ward, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered enrolled. 



WITHDRAWAL FROM COMMITTEE 

S.B. 447 (Committee Substitute), a bill to extend the expiration date in the Risk 
Sharing Plan Act. 

On motion of Senator Parnell the rules are suspended and the Committee Substitute 
bill is taken from the Appropriations Committee and is placed on the Calendar 
for tomorrow, April 4. 



CALENDAR (Continued) 

S.B. 199 (Committee Substitute), a bill to authorize cities to enter into agreements 
concerning annexations, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 43, 
noes 1, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 



April 3, 1989 



1989] SENATE JOURNAL 263 

Goldston, Guy, Hardin, Harris, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Swain, 
Taft, Tally, Ward, and Winner— 43. 

Voting in the negative: Senator Simpson — 1. 

The Committee Substitute bill remains on the Calendar for tomorrow, April 4, for 
further consideration upon third reading. 

S.B. 182, a bill to extend to most community college buildings the review, supervi- 
sion, and inspection of architecture and engineering by the Department of Administra- 
tion. 

On motion of Senator Goldston, the bill is re-referred to the Ways and Means 
Committee. 

S.B. 382, a bill to expand the list of offices and departments receiving summer 
interns allocated by the North Carolina Internship Council of the Department of Ad- 
ministration. 

Senator Sherron offers Amendment No. 1 which is adopted (39-5). 

The bill, as amended, passes its second reading (43-0). 

Senator Swain objects to the third reading and the bill, as amended, remains on the 
Calendar for tomorrow, April 4, for further consideration upon third reading. 

S.B. 496, a bill to clarify that homeowners' association-owned water and sewer 
utilities are exempt from regulation by the Utilities Commission. 

The bill passes its second (46-0) and third (44-0) readings and is ordered sent to 
the House of Representatives. 

S.B. 517, a bill to provide that a local forensic evaluation shall be made of a defen- 
dant charged with a misdemeanor whose capacity to proceed to trial is questioned 
before a State evaluation may be ordered. 

On motion of Senator Ezzell, consideration of the bill is postponed until tomorrow, 
April 4. 

S.B. 524, a bill to include additional controlled substances in the controlled sub- 
stances schedules. 

On motion of Senator Swain, the bill is recommitted to the Judiciary I Commit- 
tee. 

S.B. 525, a bill to make various technical amendments to the General Statutes as 
recommended by the General Statutes Commission. 

The bill passes its second (43-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 529, a bill to clarify the law concerning the issuance of an order changing the 
name of an adopted person who is eighteen or more years of age as recommended by 
the General Statutes Commission. 

The bill passes its second reading (46-0). 

Senator Ezzell objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, April 4, for further consideration 
upon third reading. 

S.B. 530, a bill to amend G.S. 59-105 to expressly provide that service of process 
upon the registered agent of a limited partnership is binding on the partnership as 
recommended by the General Statutes Commission. 

The bill passes its second reading (46-0). 

Senator Ezzell objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, April 4, for further consideration 
upon third reading. 



April 3, 1989 



264 SENATE JOURNAL [Session 

S.B. 532, a bill to amend the catch line of the law concerning custody of persons 
incapable of self-support upon reaching majority to conform to the body of the law as 
recommended by the General Statutes Commission. 

The bill passes its second (44-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 534, a bill to provide that a deed shall contain a recitation of the grantor's 
source of title as recommended by the General Statutes Commission. 

Senator Kincaid offers a motion that the bill be recommitted to the Judiciary I 
Committee. 

Senator Swain, seconded by Senator Taft, offers a motion that the bill do lie upon 
the table, which motion prevails (28-17). The bill lies upon the table. 

H.B. 213, a bill to make a technical change in the law relating to the membership 
of the State Building Commission. 

The bill passes its second (45-0) and third readings and is ordered enrolled. 



RECONSIDERATION 

S.B. 525, a bill to make various technical amendments to the General Statutes as 
recommended by the General Statutes Commission. 

Senator Soles moves that the vote by which the bill passed its third reading be recon- 
sidered, which motion prevails (45-0). 

Without objection, the Chair orders the bill taken from tonight's Calendar and 
placed on the Calendar for tomorrow, April 4, for further consideration upon third 
reading. 



CALENDAR (Continued) 

S.B. 180, a bill to provide for the adjustment and resolution of construction con- 
tract claims for community college construction, for concurrence in House Amend- 
ment No. 1. 

On motion of Senator Goldston, the Senate concurs in House Amendment No. 1 
(43-0), and the bill is ordered enrolled. 



SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 

H.B. 793, a bill to incorporate the Town of Fletcher, subject to a referendum. 
On motion of Senator Swain, the bill is placed on the Calendar for tomorrow, 
April 4 (44-0) . 

The President recognizes the following pages serving in the Senate this week: 

Elizabeth Aheron, Burlington; Adam Barrington, Fayetteville; Cheryl Marie Brad- 
sher, Newport; Diana Whittford Brock, Asheville; Joel Anton Brown, Trenton; 
Rhonda Gail Campbell, Mocksville; Cheryl Davis, Durham; Savannah Ferguson, 
Cherokee; Anna Fitzgerald, Selma; Hyancith Nishell Garris, Garner; Stuart Gordon, 
Charlotte; Taylor Hinshaw, Burlington; David Christopher Holmes, Smithfield; Sara 
Lynn Home, Nags Head; Billie Jean Horney, Pittsboro; Penny Kiser, Charlotte; Sheri 
Massey, Cherry Grove; Richard Matkins, Burlington; Artie Miller, Anderson; Brian 
William Morris, Maysville; Jared Keith Neal, Gastonia; Joanna Payne, Anderson; 
Joseph Roscoe Peele, Aulander; Allison Poe, Raleigh; Angela Leigh Purdy, 



April 3, 1989 



1989] SENATE JOURNAL 265 

Stoneville; Melanie E. Sanders, Pittsboro; Charles Bruce Strum, Franklin; and 
Malissa C. Sywassink, Charlotte. 



FUNERAL DELEGATION 

Senator Barnes announces that the following Senators are appointed to represent the 
North Carolina State Senate at the funeral of former Senator Ralph Scott on Wednes- 
day, April 5, at 2:00 P.M.: Senators Daniel, Harris, Kincaid, Rauch, Royall, 
Staton, Walker, Marvin, Soles, Speed, and Ward, (see Appendix) 

On motion of Senator Daniel, seconded by Senator Barker, the Senate adjourns at 
9:21 P.M. in memory of Ralph H. Scott, former Senator from Alamance County, to 
meet tomorrow, April 4, at 1:30 P.M. 



FORTY-EIGHTH DAY 

Senate Chamber, 
Tuesday, April 4, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by The Reverend Daniel M. Deaton, Jr., Minister of Tabor City 
Baptist Church as follows: 

"Almighty God, confront us in this moment with Your awesome power and pres- 
ence. Renew and expand our understanding of who You are and who we are as a vital 
part of Your vast creation. Challenge us to be responsible to You this day so that we 
might ensure and demonstrate responsibility to and for our fellow man. Lord God, 
only You are wise enough to understand the ultimate consequences of the decisions we 
must make. Please God, help us and have mercy upon us. We earnestly seek Your 
divine guidance for the government of or our lives. Grant us a bold vision of a blessed 
future for all the citizens of this great State. Bestow upon us the wisdom, courage and 
commitment that is necessary for effective legislative leadership. Alert us to the possi- 
bilities of positive progress that may unfold today. We offer our sincere and grateful 
thanks for this moment of blessing. Praise be to God. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
April 3, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Conder, who has a 
doctor's appointment. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 148, an act to repeal the sunset of the Guilford occupancy tax and to modify 
provisions regarding use of the proceeds of the tax. (Ch. 39) 



April 4, 1989 



266 SENATE JOURNAL [Session 

S.B. 180, an act to provide for the adjustment and resolution of construction con- 
tract claims for community college construction. (Ch. 40) 

H.B. 113, a bill to set out the boundaries of the Town of Harmony, and to validate 
actions of the Town. (Ch. 41) 

H.B. 213, an act to make a technical change in the law relating to the membership 
of the State Building Commission. (Ch. 42) 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Daniel: 

S.B. 752, a bill dealing with invention development services. 

Referred to Manufacturing and Labor Committee. 

By Senator Daniel: 

S.B. 753, a bill to amend Article 8, Uniform Commercial Code— Investment Secu- 
rities. 

Referred to Judiciary II Committee. 

By Senator Ezzell: 

S.B. 754, a bill to provide educational incentives to magistrates while in service and 
to equalize the prior service recognition for magistrates. 

Referred to Judiciary II Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senator Winner: 

S.B. 755, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President Pro Tempore of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Harris: 

S.B. 756, a bill to further define a new licensing board for purposes of legislative 
review. 

Referred to State Government Committee. 

By Senator Harris: 

S.B. 757, a bill to appropriate funds for the Statewide Health Promotion Program. 

Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 758, a bill to clarify the designation of certain official license plates issuable 
on request to the judiciary. 

Referred to Transportation Committee. 

By Senator Daniel: 

S.B. 759, a bill to increase the amount of liquor a person may purchase and pos- 
sess without a permit. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Daniel: 

S.B. 760, a bill to appropriate funds for the Retired Senior Volunteer Program 
(RSVP). 
Referred to Appropriations Committee. 



April 4, 1989 



1989] SENATE JOURNAL 267 

By Senator Daniel: 

S.B. 761, a bill to require the court to inform defendants of possible immigration 
consequences of pleas of guilty or no contest. 
Referred to Judiciary I Committee. 

By Senator Daniel: 

S.B. 762, a bill to appropriate funds for the construction of two dormitories, a 
multi-purpose building, fencing, and utilities at the Alamance prison units. 
Referred to Appropriations Committee. 

By Senator Daniel: 

S.B. 763, a bill to appropriate funds to expand the substance abuse program pro- 
vided at correctional centers in Alamance and Caswell Counties. 
Referred to Appropriations Committee. 

By Senators Bryan and Allran: 

S.B. 764, a bill to appropriate funds to the Department of Community Colleges for 
Mitchell Community College capital improvements. 
Referred to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 765, a bill to provide that an application for a property tax exemption or ex- 
clusion may be approved to apply retroactively for the two years preceding the year it 
was filed. 

Referred to Finance Committee. 

By Senator Conder: 

S.B. 766, a bill to provide for certain vested property rights. 

Referred to Judiciary III Committee. 

By Senators Rauch and Winner: 

S.B. 767, a bill concerning governmental ethics. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Rauch: 

S.B. 768, a bill to authorize refunding bonds to pay interest on outstanding bonds. 

Referred to Finance Committee. 

By Senator Rauch: 

S.B. 769, a bill to clarify that joint agencies may issue bonds, including short-term 
obligations, for capital costs of fuel necessary for the operation of an authorized pro- 
ject. 

Referred to Public Utilities Committee and upon a favorable report re-referred 
to Finance Committee. 

By Senator Sands: 

S.B. 770, a bill authorizing the acquisition, enlargement, improvement, operation 
and revenue bond financing of sanitary sewer and water systems within and without 
the corporate limits of a municipality. 

Referred to Finance Committee. 

By Senator Sands: 

S.B. 771, a bill to allow husbands and wives to allocate value with regard to ten- 
ancy by the entirety property in claiming exemptions from judgments. 
Referred to Judiciary II Committee. 

By Senator Sands: 

S.B. 772, a bill to amend the North Carolina Geologists Licensing Act. 

Referred to State Government Committee. 



April 4, 1989 



268 SENATE JOURNAL [Session 

By Senator Sands: 

S.B. 773, a bill to remove from towing provisions certain language concerning im- 
munities. 

Referred to Transportation Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 237 (Committee Substitute), a bill to extend the period of postponement of 
foreclosure sales. 

Referred to Judiciary III Committee. 

H.B. 249 (Committee Substitute), a bill to clarify detention procedure when a PIN 
message indicates there is a petition and secure custody order on a juvenile in another 
county. 

Referred to Judiciary I Committee. 

H.B. 250 (Committee Substitute), a bill to clarify the definition of neglected child 
within the juvenile jurisdiction of the district court. 
Referred to Children and Youth Committee. 

H.B. 252, a bill to provide for appointment of a representative of the Guardian ad 
Litem Program to be a member of the Juvenile Law Study Commission. 
Referred to Rules and Operation of the Senate Committee. 

H.B. 340 (Committee Substitute), a bill to change the composition of area mental 
health, mental retardation, and substance abuse services boards for the purpose of 
increasing consumer and family participation. 

Referred to Human Resources Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

H.B. 793, a bill to incorporate the Town of Fletcher, subject to a referendum, 
upon second reading. 

Receiving a three-fifths majority affirmative vote pursuant to Article VII of the 
North Carolina Constitution, the bill passes its second reading by roll-call vote, ayes 
38, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barnes, Basnight, Block, Carpenter, 
Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, 
Hunt of Durham, Johnson of Cabarrus, Kincaid, Martin of Guilford, Marvin, Mur- 
phy, Odom, Parnell, Plyler, Raynor, Richardson, Roy all, Sands, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Tally, Walker, Ward, and Winner— 38. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, April 5, for further consideration 
upon third reading. 

S.B. 199 (Committee Substitute), a bill to authorize cities to enter into agreements 
concerning annexations, upon third reading. 

The Committee Substitute bill passes its third reading by roll-call vote, ayes 38, 
noes 1, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, Car- 
penter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 



April 4, 1989 



1989] SENATE JOURNAL 269 

Johnson of Cabarrus, Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Sherron, Smith, Soles, Speed, 
Staton, Taft, Tally, Walker, Ward, and Winner— 38. 

Voting in the negative: Senator Simpson— 1. 

The Committee Substitute bill is ordered sent to the House of Representatives. 

S.B. 447 (Committee Substitute), a bill to extend the expiration date in the Risk 
Sharing Plan Act. 

The Committee Substitute bill passes its second (40-0) and third (41-0) readings 
and is ordered sent to the House of Representatives. 

S.B. 517, a bill to provide that a local forensic evaluation shall be made of a defen- 
dant charged with a misdemeanor whose capacity to proceed to trial is questioned 
before a State evaluation may be ordered. 

On motion of Senator Ezzell, consideration of the bill is postponed until Thursday, 
April 6. 

S.B. 382, a bill to expand the list of offices and departments receiving summer 
interns allocated by the North Carolina Internship Council of the Department of Ad- 
ministration, as amended, upon third reading. 

The bill, as amended, passes its third reading (43-0), and is ordered engrossed and 
sent to the House of Representatives. 

S.B. 422, a bill to change the burden of proof in civil paternity actions, upon third 
reading, with Amendment No. 1 pending. 

Without objection, Senator Sands withdraws Amendment No. 1 and consequently 
offers Amendment No. 2. 

Senator Winner rises to a point of order as to Amendment No. 2 not being germane 
to the original bill. 

The Chair sustains the point of order pursuant to Rule 57.2, and Amendment No. 2 
is disallowed. 

On motion of Senator Sands, the bill is recommitted to the Judiciary II 
Committee. 

S.B. 525, a bill to make various technical amendments to the General Statutes as 
recommended by the General Statutes Commission, upon third reading. 

Senator Ezzell, offers Amendment No. 1 which is adopted (48-0). 

The bill, as amended, passes its third reading (48-0) and is ordered engrossed and 
sent to the House of Representatives. 

S.B. 529, a bill to clarify the law concerning the issuance of an order changing the 
name of an adopted person who is eighteen or more years of age as recommended by 
the General Statutes Commission, upon third reading. 

The bill passes its third reading (48-0) and is ordered sent to the House of Repre- 
sentatives. 

S.B. 530, a bill to amend G.S. 59-105 to expressly provide that service of process 
upon the registered agent of a limited partnership is binding on the partnership as 
recommended by the General Statutes Commission, upon third reading. 

Senator Block offers Amendment No. 1, which is adopted (47-0). 

The bill, as amended, passes its third reading (48-0) and is ordered engrossed and 
sent to the House of Representatives. 

S.R. 692, a Senate simple resolution to amend the permanent rules of the Senate 
for the 1989 Session of the General Assembly by removing the limitation on the types 
of resolutions which may be introduced or considered, for adoption. 

Failing to receive a two-thirds majority vote of the membership, the Senate simple 
resolution fails of adoption (2-45). 



April 4, 1989 



270 SENATE JOURNAL [Session 

WITHDRAWAL FROM COMMITTEE 

H.B. 21, a bill to change the composition of the North Carolina Council on the 
Holocaust. 

On motion of Senator Plyler, the rules are suspended, and the bill is taken from the 
Ways and Means Committee and placed on the Calendar for tomorrow, April 5. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Sands for the Local Government and Regional Affairs 
Committee: 

S.B. 436, a bill clarifying the authority of the City of Wilmington to participate with 
developers and owners of land in construction of public improvements and to include 
certain costs in the purchase of real property, with a favorable report. 

S.B. 439, a bill to allow the Town of Richfield to collect utility bills as if they were 
taxes due the Town, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 454, a bill to provide for an election in the northeasternmost part of Dare 
County on the question of establishing an Outer Banks Beautification District and to 
provide for the levy and collection of property taxes in this District, with a favorable 
report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

H.B. 283, a bill to amend the Charter of the City of Greensboro with respect to 
lease of real property and sale of personal property, with a favorable report. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 2:20 P.M. to meet tomorrow, April 5, at 11:00 A.M. 



FORTY-NINTH DAY 

Senate Chamber, 
Wednesday, April 5, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Howard A. Chubbs, Minister of Providence Baptist 
Church, Greensboro, as follows: 

"Our Father, God, it is with a sense of awe and inspiration that we have come to 
this historical room where the happiness and lives of the citizens of this great State 
have for so long been considered and where laws have been put forth to assure both. 
And, while we are cognizant of our own imperfections and frailties, we are grateful for 
the opportunities You have given these citizens, selected by their fellow citizens, to 
grapple with the problems and find reasonable solutions to the perplexities with which 



April 5, 1989 



1989] SENATE JOURNAL 271 

we are daily confronted. We pray that You would endow each man and woman 
elected to this high office with knowledge and wisdom to know and to do what is just 
and what is right on behalf of all Your children. 

"For this great nation and our President, for this State and our elected leaders, for 
each local municipality and their governing bodies, we pray for Your guidance and 
direction, and ultimately Your peace. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
April 4, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 100, an act to amend the New Motor Vehicles Warranties Act to provide that 
if a manufacturer resells a motor vehicle that was returned to it pursuant to Article 
15A of Chapter 20 of the General Statutes or any other State's applicable law, the 
manufacturer shall disclose the fact of return and the reason for return to the subse- 
quent purchaser. (Ch. 43) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Rauch for the Finance Committee: 

S.B. 242, a bill to authorize the Board of Nursing to establish a Nurses Aides Reg- 
istry, with a favorable report. 

S.B. 395, a bill to authorize Burke County to levy a room occupancy and tourism 
development tax, with a favorable report. 

S.B. 407, a bill to annex certain described territory to the City of Asheboro, with a 
favorable report. 

S.B. 411, a bill to permit the Rockingham County Airport Authority to receive an- 
nual sales tax refunds, with a favorable report. 

S.B. 611, a bill authorizing Cabarrus County to levy a room occupancy and tourism 
development tax and establishing a Cabarrus County Tourism Authority, with a favor- 
able report. 

H.B. 254, a bill to correct an inadvertent repeal, and to validate acts of the City of 
Mount Airy, with a favorable report. 

S.B. 127, a bill establishing pretrial release service fees, with a favorable report, as 
amended. 

By Senator Speed for the Agriculture Committee: 

S.B. 577, a bill to amend the Plant Protection and Conservation Act, with a favor- 
able report, as amended. 

On motion of Senator Speed, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 



April 5, 1989 



272 SENATE JOURNAL [Session 

On motion of Senator Speed, the bill, as amended, is ordered engrossed and re- 
referred to the Finance Committee. 

S.B. 578, a bill to provide for State registration of consulting foresters, with a fa- 
vorable report, as amended. 

S.B. 630, a bill to create an Agriculture Fairs Council in the Department of Agri- 
culture, with a favorable report, as amended. 

On motion of Senator Speed, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendments No. 1 and No. 2 are 
adopted. 

On motion of Senator Speed, the bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 

By Senator Raynor for the Veterans Affairs, Law Enforcement, and Senior 
Citizens Committee: 

H.B. 69 (Committee Substitute), a bill to require the Division of Aging to submit to 
the General Assembly a regularly updated plan for serving older adults, with a favor- 
able report. 

H.B. 258, a bill to add the Alzheimer's Subcommittee to the Study Commission on 
Aging, with a favorable report. 

On motion of Senator Raynor, the bill, is re-referred to the Rules and Operation 
of the Senate Committee. 

By Senator Soles for the Judiciary II Committee: 

S.B. 139, a bill to regulate historic districts and landmarks, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Soles, the Committee Substitute bill is placed on the Calendar 
for tomorrow, April 6. 



WITHDRAWAL FROM CALENDAR 

H.B. 793, a bill to incorporate the Town of Fletcher, subject to a referendum, 
upon third reading. 

On motion of Senator Swain, the rules are suspended, and the bill is taken from its 
regular order of business on the Calendar for today, April 5, and is placed before the 
Senate for immediate consideration, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 42, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Kincaid, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Raynor, Royall, Sands, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 42. 

Voting in the negative: None. 

The bill is ordered enrolled. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



April 5, 1989 



1989] SENATE JOURNAL 273 

By Senator Ezzell: 

S.B. 774, a bill to limit the liability of a director of a medical services corporation 
or an HMO. 

Referred to Judiciary III Committee. 

By Senator Ezzell: 

S.B. 775, a bill concerning the method for payment of out-of-state witnesses in 
criminal cases. 

Referred to Judiciary I Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Marvin, Hunt of Moore, Ward, Cochrane, and Daughtry: 
S.B. 776, a bill to require mammogram and pap smear coverage in health and 
accident insurance policies and in hospital or medical services plans. 
Referred to Insurance Committee. 

By Senator Marvin: 

S.B. 777, a bill to improve the efficiency of the Child Support Enforcement Pro- 
gram by repealing the cost recovery provisions regarding child support services. 

Referred to Children and Youth Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senator Marvin: 

S.B. 778, a bill to require that child support be ordered retroactive to the date of 
filing the complaint. 

Referred to Judiciary II Committee. 

By Senator Marvin: 

S.B. 779, a bill to reduce costs of child support enforcement by allowing notice by 
regular mail to obligors of subsequent income withholdings for child support. 
Referred to Judiciary II Committee. 

By Senator Marvin: 

S.B. 780, a bill to require that child support in IV-D non-AFDC cases be distrib- 
uted to the custodial party within ten days. 

Referred to State Government Committee. 

By Senator Sherron: 

S.B. 781, a bill to make a technical correction in a list of position classifications of 
the Office of Administrative Hearings. 
Referred to Judiciary III Committee. 

By Senator Basnight: 

S.B. 782, a bill to provide replacement cost coverage with policies of windstorm 
and hail damage. 

Referred to Insurance Committee. 

By Senators Tally, Raynor, and Sherron: 

S.J.R. 783, a joint resolution authorizes the Legislative Research Commission to 
study the methods of appointment and terms of office of members of the North Caro- 
lina Wildlife Resources Commission and the general effectiveness of that body. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Royall, Conder, Hunt of Moore, Johnson of Wake, Odom, Plyler, 
Sherron, and Ward: 

S.B. 784, a bill to authorize flexible compensation plans for State agency employ- 
ees, university employees, community college employees, and public school employ- 
ees. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 



April 5, 1989 



274 SENATE JOURNAL [Session 

By Senator Bryan: 

S.B. 785, a bill concerning the laws relating to counties. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Smith: 

S.B. 786, a bill to allow the Department of Revenue to provide identification infor- 
mation from tax returns to the Department of State Treasurer for escheats purposes. 
Referred to Judiciary III Committee. 

By Senator Smith: 

S.B. 787, a bill to authorize the Secretary of Revenue to set the interest rate for 
State tax assessments every six months. 
Referred to Finance Committee. 

By Senator Smith: 

S.B. 788, a bill to permit the Department of Revenue and local tax collectors to 
attach the Escheat Fund. 

Referred to Finance Committee. 

By Senator Cobb: 

S.B. 789, a bill to appoint persons to various public offices upon the recommenda- 
tion of the President of the Senate. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Block: 

S.B. 790, a bill to amend the law regarding public bidding to exempt public hospi- 
tals from certain requirements. 

Referred to Human Resources Committee. 

By Senator Staton: 

S.B. 791, a bill to allow North Carolina Amateur Sports to use State trucks and 
vans for the State games of North Carolina. 
Referred to State Government Committee. 

By Senator Staton: 

S.B. 792, a bill regarding changes in the interpretation of zoning ordinances. 

Referred to Local Government and Regional Affairs Committee. 

By Senators Taft and Hunt of Durham: 

S.B. 793, a bill to make a nineteen-year old and twenty-year old purchaser of 
alcoholic beverages subject to the same punishment as the person from whom the pur- 
chase is made and the same punishment as an unlawful purchaser who is under nine- 
teen years of age. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Taft: 

S.B. 794, a bill to authorize Occupational Licensing Boards to assess costs of disci- 
plinary proceedings. 

Referred to Finance Committee. 

By Senators Royall, Plyler, Parnell, Sherron, Rauch, and Odom: 
S.B. 795, a bill to make changes in the Teachers' and State Employees' Compre- 
hensive Major Medical Plan to conform with federal Internal Revenue Code require- 
ments, to eliminate special preexisting condition requirements for congenital defects, 
cleft palate, and speech therapy, to detect and prevent fraud, and to correct previous 
statutory language. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 



April 5, 1989 



1989] SENATE JOURNAL 275 

By Senator Basnight: 

S.B. 796, a bill to establish a mosquito control capital fund. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senators Basnight and Barker: 

S.B. 797, a bill to forbid damage to aquaculture operations and to shellfish beds. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Plyler, Conder, Royall, Murphy, Smith, Odom, Soles, Goldston, Bas- 
night, and Raynor: 

S.B. 798, a bill to clarify a sheriff's personal liability for the acts of his deputy. 
Referred to Judiciary II Committee. 

By Senator Winner: 

S.B. 799, a bill to provide that notice of appeal to the appellate division shall be 
given as provided in the rules of appellate procedure, as recommended by the Appel- 
late Rules Study Committee of the North Carolina Bar Association. 

Referred to Judiciary II Committee. 

By Senators Swain and Winner: 

S.B. 800, a bill to appropriate funds to the Department of Human Resources for the 
Rural Obstetrical Care Incentive Program. 
Referred to Appropriations Committee. 

By Senator Ward: 

S.B. 801, a bill to increase the minimum coverage for chemical dependency treat- 
ment benefits in policies of insurance and hospital service and medical service plans. 
Referred to Insurance Committee. 

By Senator Ward: 

S.B. 802, a bill to create and fund the Adolescent Pregnancy Study Commission. 
Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senator Ezzell: 

S.B. 803, a bill to clarify the Medical Practice Act. 

Referred to Human Resources Committee. 

By Senator Ezzell: 

S.B. 804, a bill to amend the practicing Psychologists Licensure Act to permit 
licensure as a psychological associate. 

Referred to Human Resources Committee. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

H.B. 793, an act to incorporate the Town of Fletcher, subject to a referendum. 
(Ch. 44) 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 



April 5, 1989 



276 SENATE JOURNAL [Session 

H.B. 503, a bill to make technical changes to the Pharmacy Board to extend Board 
members' terms from three to five years. 

Referred to Human Resources Committee. 

H.B. 688, a bill to increase the per diem allowance for members of the Board of 
Pharmacy. 

Referred to Appropriations Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 436, a bill clarifying the authority of the City of Wilmington to participate with 
developers and owners of land in construction of public improvements and to include 
certain costs in the purchase of real property. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 283, a bill to amend the Charter of the City of Greensboro with respect to 
lease of real property and sale of personal property. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 21, a bill to change the composition of the North Carolina Council on the 
Holocaust. 

The bill passes its second (44-0) and third (45-0) readings and is ordered enrolled. 

Senator Winner offers a motion that the Rules of the Senate be temporarily sus- 
pended to allow public bills received for drafting by March 30 pursuant to Rule 40 to 
be filed and presented to the Senate until 3:00 P.M. April 13, which motion prevails. 

Senator Swain rises to a point of personal privilege and on motion of Senator Rauch, 
seconded by Senator Harris, the remarks offered by Senator Swain are spread upon the 
Journal, as follows: 

"Mr. President, Members of the Senate. During the last several days, the State of 
Alaska has had to go through some times that you and I can't really conceive of. 
Some of you may know that I have a daughter who has been living in Alaska for nearly 
two years and when she went there she called and told me what a beautiful pristine 
place it was. How beautiful it was! How all the wildlife was there and how people 
made an actual living by catching herring and different kinds of fish. And during the 
winter time it was legal to actually trap wild animals and to live off of the nature that 
was put there for them. During this last few days, I think if anything will transform a 
rather hard-hearted individual into an ecologist, it has just happened to me. 

"I noticed that Senator Basnight has introduced a little bill, the title of it says that 
they are not going to permit spoilage of the marine resources or something of that 
nature. Whatever it is, we, in this State, do not realize the blessings that we have. 

"To have your daughter call you and tell you that her entire future has been wiped 
out, that they don't know where they are going; there is no more money up there. 
Nobody has any money. It doesn't matter what you are working at. There is not 
grocery money in the little Town of Cordova. You look at the films of the beaches and 
I have photographs that were sent to me showing me how beautiful that place was. 
Now it's just tar everywhere! Nothing. You see all the wildlife totally strangled. 
This is the time of the year when the herring are supposed to be netted and canned and 
sent here for consumption. There won't be any of that. This is the time of the year 
when the salmon fisheries, when the hatcheries are to release the fry to return down 
the rivers into the ocean. When the fry gets to the ocean, there won't be anything 
there for them to eat. All the plankton has been absorbed in this gooey mass. All the 
shellfish are killed. Every living thing along the seashore is dead. 



April 5, 1989 



1989] SENATE JOURNAL 277 

"Now, if you want something that will impact on your feeling, [it] is to have your 
daughter call you and tell you how her life has been decimated. By what? By a type 
of philosophy which we have in this Country. We thought that it was just fine for a 
great big international corporation to sail these boats without any kind of inspection to 
see whether they had a double hull or a single hull; whether they had a drunk or a 
sober sea captain. We think it's just fine as long as we get our oil. 

"Members of the Senate, we are in for some shock. We are in danger in this State 
just as much as any State in the Nation and unless we start attending to it, we are 
going to be in exactly the kind of condition that the State of Alaska is. I don't know 
when that State will ever return to normal. This was the best part of Alaska that has 
been destroyed. I don't know if they'll ever have an economy there and simply be- 
cause some greedy international corporation decided to exploit all of the oil there with- 
out using any sort of safety measures to ensure that that State can survive. I thank 
you." 

On motion of Senator Barnes, seconded by Senator Daughtry, the Senate adjourns 
at 11:46 A.M. to meet tomorrow, April 6, at 1:30 P.M. 



FIFTIETH DAY 



Senate Chamber, 
Thursday, April 6, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
Henson P. Barnes, President Pro Tempore. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain as follows: 

"O God, to Whom we usually speak, but today, we would ask that You speak to us. 
Speak to us through our memories, summon us to ideals we have forgotten and refresh 
within us the memory of a holy hour when we gave ourselves to things worth living for 
and worth dying for. 

"Speak to us through our consciences. Let some authoritative word of righteous 
come and stand at the center of our souls, to startle us out of our complacency. 

"Speak to us through our ambitions. We would not be here without them, yet, left 
uncurbed, they would enslave us to greed and selfish advantages. 

"So come, O God of Grace, come down the little stairways of our lives, into the 
humble place where we abide, and there, speak to each of us, Your Word. 

"We thank Thee for the gift of Sarah Elizabeth Kaplan, may she ever bring joy to 
her father's heart. Amen." 

Senator Roy all, Deputy President Pro Tempore, announces that the Journal of yes- 
terday, April 5, has been examined and is found to be correct. On his motion, the 
Senate dispenses with the reading of the Journal and it stands approved as written. 

The President Pro Tempore grants courtesies of the gallery to Avery Upchurch, the 
Mayor of Raleigh. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 



April 6, 1989 



278 SENATE JOURNAL [Session 

S.B. 201, an act to permit the sale of property by the City of Sanford pursuant to 
the negotiated offer and upset bid procedure subject to specified restrictions on the use 
of the property sold. (Ch. 45) 

S.B. 403, an act to permit one public school employee to be appointed to the State 
Board of Education. (Ch. 46) 

H.B. 21, an act to change the composition of the North Carolina Council on the 
Holocaust. (Ch. 47) 

H.B. 283, an act to amend the Charter of the City of Greensboro with respect to 
lease of real property and sale of personal property. (Ch. 48) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Hunt of Moore for the State Personnel Committee: 

S.B. 195, a bill to appropriate funds from the General Fund and the Highway Fund 
for a pay increase for all permanent State employees other than public school employ- 
ees, with a favorable report. 

On motion of Senator Hunt of Moore, the bill is re-referred to the Appropria- 
tions Committee. 

By Senator Richardson for the Children and Youth Committee: 

S.B. 353, a bill to establish the North Carolina Fund for Children and Families, 
provide for its governance, and permit the allocation of corporate and individual in- 
come tax refunds to the Fund, with a favorable report, as amended. 

On motion of Senator Richardson, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

On motion of Senator Richardson, the bill is ordered engrossed and re-referred to 
the Finance Committee. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 626, a bill to establish a "slow-no-wake" area on Lake Adger in Polk County, 
with a favorable report. 

H.B. 41 (Committee Substitute), a bill to require public notice when a significant 
modification is proposed to a major CAMA permit application or to a previously is- 
sued major CAMA permit, with a favorable report. 

S.B. 394, a bill to provide for the posting of a bond or other security to ensure 
compliance with special orders of the Environmental Management Commission, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on her further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Tally, the Committee Substitute bill is placed on the Calendar 
for Monday, April 10. 

S.B. 359, a bill to require beverage container yokes to be degradable, with an unfa- 
vorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Tally, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read, S.B. 359 (Committee Substitute), a bill to 



April 6, 1989 



1989] SENATE JOURNAL 279 

require that beverage container yokes be degradable, is placed before the Senate for 
immediate consideration. 

On motion of Senator Tally, the Committee Substitute bill is adopted, and on her 
further motion is placed on the Calendar for Monday, April 10. 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 638, a bill to make it clear that (like in North Carolina medical doctor licens- 
ing matters) information developed in investigations by the North Carolina Board of 
Dental Examiners may be kept confidential to avoid warning investigations subjects 
who may want to hide misconduct and to prevent prejudicing subjects by premature 
release of what are later revealed as erroneous or misleading accusations; and to fur- 
ther make it clear that the investigation information may not be kept confidential after 
it is used in formal board notices or hearings, with a favorable report. 

On motion of Senator Johnson of Wake, the bill is placed on the Calendar for Tues- 
day, April 11. 

S.B. 681, a bill to require that applicants for licensure as podiatrists complete one 
year of clinical residency and have passed the National Podiatry Board Examination, 
with a favorable report. 

On motion of Senator Johnson of Wake, the bill is placed on the Calendar for Tues- 
day, April 11. 

By Senator Sherron for the State Government Committee: 

S.B. 235, a bill to require the Department of Transportation to construct, repair, 
and maintain the State parks roads system, with a favorable report. 

On motion of Senator Sherron, the bill is re-referred to the Appropriations 
Committee. 

By Senator Goldston for the Transportation Committee: 

S.B. 432, a bill to allow physicians to report physically impaired drivers to the 
Commissioner of Motor Vehicles, with a favorable report. 

H.B. 219, a bill to restrict review and renewal of annual overweight permits to once 
annually, with a favorable report. 

S.B. 396, a bill to make conforming changes required by the Federal Truth in Mile- 
age Act and to increase the penalty for odometer fraud, with a favorable report, as 
amended. 

On motion of Senator Goldston, the rules are suspended, and the bill is placed be- 
fore the Senate for immediate consideration and on his further motion Committee 
Amendment No. 1 is adopted. 

On motion of Senator Goldston, the bill, as amended, is ordered engrossed and 
re-referred to the Judiciary I Committee. 

S.B. 466, a bill to authorize the Department of Administration to condemn property 
for railroad corridor preservation, with a favorable report, as amended. 

On motion of Senator Goldston, the rules are suspended, and the bill is placed be- 
fore the Senate for immediate consideration and on his further motion Committee 
Amendments No. 1 and No. 2 are adopted. 

On motion of Senator Goldston, the bill, as amended, is ordered engrossed and 
re-referred to the Judiciary III Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 



April 6, 1989 



280 SENATE JOURNAL [Session 

By Senators Winner and Ezzell: 

S.B. 805, a bill to enact for North Carolina the Uniform Enforcement of Foreign 
Judgments Act. 

Referred to Judiciary II Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Kincaid: 

S.B. 806, a bill to increase maximum application and renewal fees and to set maxi- 
mum examination fees to be charged by the Marital and Family Therapy Certification 
Board. 

Referred to Finance Committee. 

By Senator Soles: 

S.B. 807, a bill to provide for coverage for off-premises bodily injury and death 
under homeowners policies. 

Referred to Insurance Committee. 

By Senator Soles: 

S.B. 808, a bill to amend the laws on uninsured motorist and underinsured motorist 
insurance coverage in light of recent appellate court decisions. 
Referred to Insurance Committee. 

By Senator Ward: 

S.B. 809, a bill to increase the maximum benefits payable for the treatment of 
chemical dependency under the Teachers' and State Employees' Comprehensive Ma- 
jor Medical Plan. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senator Martin of Pitt: 

S.B. 810, a bill to amend the North Carolina Technological Development Authori- 
ty's enabling legislation regarding the Incubator Facilities Program. 
Referred to Small Business Committee. 

By Senator Bryan: 

S.B. 811, a bill to make State government statutory changes - 1. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Bryan: 

S.B. 812, a bill to make State government statutory changes - 2. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Taft, Johnson of Wake, Marvin, Odom, Royall, Sands, Shaw, Sher- 
ron, Smith, Tally, and Ward: 

S.B. 813, a bill to specifically provide that the authority to exercise the right to a 
natural death may be included in a durable power of attorney. 

Referred to Judiciary III Committee. 

By Senator Johnson of Wake: 

S.B. 814, a bill to allow insurers providing hospital, surgical, or medical insurance 
to employees to have the right to inspect certain records of the Industrial Commission. 
Referred to Judiciary III Committee. 

By Senators Johnson of Wake, Sherron, and Staton: 

S.B. 815, a bill to appropriate funds for a building for the Fairgrounds Fire Depart- 
ment. 

Referred to Appropriations Committee. 



April 6, 1989 



1989] SENATE JOURNAL 281 

By Senators Plyler, Basnight, Conder, Daniel, Goldston, Hunt of Durham, Martin 
of Pitt, Odom, Parnell, Royall, and Smith: 

S.B. 816, a bill to amend the North Carolina Leaking Petroleum Underground Stor- 
age Tank Cleanup Act. 

Referred to Environment and Natural Resources Committee. 

By Senators Allran, Ballance, Barker, Block, Bryan, Carpenter, Chalk, Cobb, 
Cochrane, Conder, Daniel, Daughtry, Hardin, Harris, Hunt of Moore, Kincaid, 
Martin of Guilford, Murphy, Odom, Rauch, Raynor, Richardson, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Swain, Taft, Tally, and Walker: 

S.B. 817, a bill to limit civil and criminal liability of donors who donate food for 
use or distribution by nonprofit organizations unless an injury is caused by the gross 
negligence, recklessness, or intentional misconduct of the donor. 

Referred to Judiciary II Committee. 

By Senators Plyler and Kaplan: 

S.B. 818, a bill providing for one-half the normal penalty for overweight vehicles 
hauling recyclable materials. 

Referred to Transportation Committee and upon a favorable report re-referred 
to Finance Committee. 

By Senator Parnell: 

S.B. 819, a bill to amend the fraternal benefit societies law by making a correction 
in the representative form of government section and by increasing the amount of in- 
surance an exempt society may write. 

Referred to Insurance Committee. 



WITHDRAWAL FROM CALENDAR 

S.B. 517, a bill to provide that a local forensic evaluation shall be made of a defen- 
dant charged with a misdemeanor whose capacity to proceed to trial is questioned 
before a State evaluation may be ordered. 

On motion of Senator Ezzell, the bill is withdrawn from the Calendar for today and 
recommitted to the Judiciary I Committee. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 408, a bill to amending the Charter of the Town of Benson to codify the new 
method of electing town commissioners ordered by the United States District Court to 
comply with the federal Voting Rights Act. 

Referred to Election Laws Committee. 

H.B. 715 (Committee Substitute), a bill to grant authority to the North Carolina 
Board of Architecture to impose a civil penalty. 
Referred to Finance Committee. 

H.J.R. 803, a joint resolution setting the date for the House of Representatives and 
Senate to elect members to the State Board of Community Colleges. 
Referred to Higher Education Committee. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



April 6, 1989 



282 SENATE JOURNAL [Session 

S.B. 395, a bill to authorize Burke County to levy a room occupancy and tourism 
development tax, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
and Winner — 49. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, April 10, for further consideration 
upon third reading. 

S.B. 407, a bill to annex certain described territory to the City of Asheboro, upon 
second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
and Winner — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, April 10, for further consideration 
upon third reading. 

S.B. 611, a bill authorizing Cabarrus County to levy a room occupancy and tourism 
development tax and establishing a Cabarrus County Tourism Authority, upon second 
reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
and Winner — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, April 10, for further consideration 
upon third reading. 

H.B. 254, a bill to correct an inadvertent repeal, and to validate acts of the City of 
Mount Airy, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 49, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of 
Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, 
Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, Richardson, Royall, Sands, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
and Winner — 47. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, April 10, for further consideration 
upon third reading. 



April 6, 1989 



1989] SENATE JOURNAL 283 

On motion of Senator Rauch, the rules are suspended, to allow him to approach the 
Well of the Senate where he presents an Honorary Page Certificate signed by the entire 
membership to Senator Kaplan for his newborn daughter, Sarah Elizabeth. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Swain for the Judiciary I Committee: 

S.B. 526, a bill to regulate the sale of fine prints as recommended by the General 
Statutes Commission, with a favorable report. 

S.B. 737, a bill to redefine theft of cable television services, with a favorable re- 
port. 



CALENDAR (continued) 

S.B. 127, a bill establishing pretrial release service fees, as amended. 

On motion of Senator Rauch, Committee Amendment No. 2 is adopted. 

Senator Odom calls the previous question, seconded by Senator Rauch. The call is 
sustained (44-6). 

The bill, as amended, passes its second reading (41-9). 

On motion of Senator Cobb, further consideration of the bill, as amended, is post- 
poned until Monday, April 10. 

S.B. 139 (Committee Substitute), a bill to regulate historic districts and landmarks. 

Senator Bryan offers Amendment No. 1 which is adopted (46-0). 

Senator Staton calls the previous question, seconded by Senator Johnson of Wake. 
The call is sustained (39-8) . 

The Committee Substitute bill, as amended, passes its second reading (40-9). 

Senator Kincaid objects to the third reading of the Committee Substitute bill, as 
amended, and it remains on the Calendar for Monday, April 10, for further consid- 
eration upon third reading. 

S.B. 242, a bill to authorize the Board of Nursing to establish a Nurses Aides Reg- 
istry, as amended. 

The bill, as amended, passes its second (43-0) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 411, a bill to permit the Rockingham County Airport Authority to receive an- 
nual sales tax refunds, as amended. 

The bill, as amended, passes its second (48-0) and third readings and is ordered 
sent to the House of Representatives. 

S.B. 578, a bill to provide for State registration of consulting foresters. 
On motion of Senator Speed, Committee Amendment No. 1 is adopted. 
The bill, as amended, passes its second (48-1) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 69 (Committee Substitute), a bill to require the Division of Aging to submit to 
the General Assembly a regularly updated plan for serving older adults. 

The Committee Substitute bill passes its second (48-0) and third readings and is 
ordered enrolled. 



April 6, 1989 



284 SENATE JOURNAL [Session 

INTRODUCTION OF BILLS AND RESOLUTIONS 

Pursuant to the motion offered by Senator Block, the following bills ordered held as 
filed in the office of the Principal Clerk on March 22 are presented to the Senate, read 
the first time, and referred to Committee. 

By Senator Block: 

S.B. 580, a bill to define storm drainage systems as an eligible revenue bond pro- 
ject. 

Referred to Finance Committee. 

By Senator Block: 

S.B. 581, a bill to include storm drainage systems as a purpose for which counties 
may levy property taxes with restrictions. 
Referred to Finance Committee. 

By Senator Block: 

S.B. 583, a bill to define storm drainage systems as a utility under the Local Gov- 
ernment Bond Act. 

Referred to Finance Committee. 

By Senator Block: 

S.B. 584, a bill to authorize counties to construct and operate storm drainage sys- 
tems as a public enterprise. 

Referred to Local Government and Regional Affairs Committee. 

By Senator Block: 

S.B. 585, a bill to authorize cities to construct and operate storm drainage systems 
as a public enterprise. 

Referred to Local Government and Regional Affairs Committee. 



WITHDRAWAL FROM CALENDAR 

S.B. 139 (Committee Substitute), a bill to regulate historic districts and landmarks. 
On motion of Senator Staton the Committee Substitute bill is taken from the Calen- 
dar for Monday, April 10, and is placed on the Calendar for Tuesday, April 11. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Taft for the Election Laws Committee: 

S.B. 370, a bill to require a person to resign from State or local office if he or she 
seeks another public office the term of which runs concurrently with that of the office 
he is holding, with a favorable report. 

On motion of Senator Royall, seconded by Senator Taft, the Senate adjourns at 
3:10 P.M. to meet Monday, April 10, at 8:00 P.M. 



April 6, 1989 



1989] SENATE JOURNAL 285 

FIFTY-FIRST DAY 

Senate Chamber, 
Monday, April 10, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, Who didst create this good earth with its green pastures and still waters; we 
confess that the two strongest nations seem helpless in polluting it: one with a sinking 
submarine carrying nuclear warheads to the ocean's floor; while the other spills oil on 
the surface and shore. 

"Let not the science which promises to bless us be turned into a curse; rather, bap- 
tize us all anew with a wise and gracious spirit that we may take good care of this 
wondrous world that our children's children may know the refreshing joy of lying down 
in green pastures and sitting beside a pool of clean still water." Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
April 6, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for tonight to Senator Soles. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 152, an act to allow city managers to serve on county boards of education in 
counties with small populations. (Ch. 49) 

S.B. 186, an act to authorize the State Building Commission to adopt rules regard- 
ing the qualifications and experience of consultants selected for capital improvement 
projects, and to clarify the requirement that a designer for projects be selected within 
60 days. (Ch. 50) 

H.B. 36 (Committee Substitute), an act to require that cumulative impact be con- 
sidered prior to issuing CAM A water pollution control permits. (Ch. 51) 

H.B. 69 (Committee Substitute), an act to require the Division of Aging to submit 
to the General Assembly a regularly updated plan for serving older adults. (Ch. 52) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Ezzell: 

S.B. 820, a bill to authorize corporations exercising fiduciary powers to charge a 
fee for the automated short-term investment of cash held in fiduciary accounts. 
Referred to Banks and Thrift Institutions Committee. 

By Senator Speed: 

S.B. 821, a bill to appropriate funds for a Franklin County satellite of Vance-Gran- 
ville Community College. 

Referred to Appropriations Committee. 



April 10, 1989 



286 SENATE JOURNAL [Session 

By Senator Johnson of Cabarrus: 

S.B. 822, a bill to regulate biomedical and infectious waste. 

Referred to Human Resources Committee and upon a favorable report re-re- 
ferred to Appropriations Committee. 

By Senators Block, Kaplan, and Smith: 

S.B. 823, a bill to appropriate funds to the North Carolina Arts Council to improve 
State programs in the arts. 

Referred to Appropriations Committee. 

By Senator Hunt of Moore: 
S.B. 824, a bill to amend certain statutes. 

Without objection, on motion of Senator Hunt of Moore, the bill is ordered held as 
filed in the Office of the Principal Clerk. 

By Senator Sands: 

S.B. 825, a bill to clarify the North Carolina Occupational Therapy Practice Act. 

Referred to Human Resources Committee. 

By Senator Sands: 

S.B. 826, a bill to authorize the disposition of confiscated deadly weapons to the 
North Carolina Justice Academy. 

Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee. 

By Senator Sands: 

S.B. 827, a bill to exclude emergency inpatient hospitalizations from preadmission 
certification requirements of the Teachers' and State Employees' Comprehensive Ma- 
jor Medical Plan. 

Referred to Human Resources Committee. 

By Senators Ballance, Allran, Bryan, Daniel, Murphy, Richardson, and Sands: 
S.B. 828, a bill to prohibit financial institutions from opening checking accounts for 
persons with three or more worthless check convictions. 

Referred to Banks and Thrift Institutions Committee. 

By Senators Kaplan and Hunt of Durham: 

S.B. 829, a bill to permit certain dogs in inns and hotels. 

Referred to Small Business Committee. 

By Senators Taft, Barker, Block, Daniel, Ezzell, Odom, Sands, Sherron, and 
Simpson: 

S.B. 830, a bill to provide that for the purpose of determining punishment for shop- 
lifting offenses, prior convictions of larceny, receiving stolen goods, and possession of 
stolen goods shall be considered convictions of shoplifting. 

Referred to Judiciary III Committee. 

By Senators Speed, Allran, Ballance, Barker, Basnight, Block, Carpenter, Chalk, 
Cochrane, Conder, Daniel, Daughtry, Ezzell, Guy, Hardin, Harris, Hunt of Durham, 
Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Staton, Swain, Taft, 
Tally, Walker, Ward, and Winner: 

S.B. 831, a bill to establish the North Carolina Scrap Tire Disposal Act. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 

By Senators Swain, Guy, Marvin, Plyler, Tally, Ward, and Winner: 
S.B. 832, a bill to adopt the Plott Hound as the official State Dog. 
Referred to Rules and Operation of the Senate Committee. 



April 10, 1989 



1989] SENATE JOURNAL 287 

By Senator Basnight: 

S.B. 833, a bill to increase the fine for littering beaches. 

Referred to Marine Resources and Wildlife Committee. 

By Senators Plyler Basnight, Conder, Daniel, Ezzell, Kaplan, Marvin, Murphy, 
Parnell, Royall, Sands, Sherron, Staton, Swain, Taft, Tally, Ward, and Winner: 

S.B. 834, a bill to amend Chapter 14, Article 58 regarding counterfeit records, 
tapes and other recorded devices. 

Referred to Judiciary I Committee. 

Senator Tally moves that Rule 40 be suspended to allow the introduction of the fol- 
lowing joint resolution, which motion prevails by a two-thirds majority vote. 

By Senator Tally: 

S.J.R. 839, a Senate joint resolution honoring the lives of the many revolutionary 
patriots who died so that the colonies could be free to enact a Constitution and Bill of 
Rights guaranteeing our basic freedoms and rights. 

On motion of Senator Tally the joint resolution is placed on the Calendar for Thurs- 
day, April 13. 



WITHDRAWAL FROM COMMITTEE 

S.B. 383, a bill to broaden coverage under the State scholarship program for Chil- 
dren of War Veterans and establish entitlement termination dates. 

On motion of Senator Raynor the rules are suspended and the bill is taken from the 
Appropriations Committee and placed on the Calendar for Thursday, April 13. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 170, a bill to amend the law regarding property tax incentives for historic 
properties. 

Referred to Finance Committee. 

H.B. 198, a bill to make technical changes to the tax credit for creating jobs in 
severely distressed counties. 

Referred to Finance Committee. 

H.B. 316, a bill to establish the North Carolina Nursing Scholars Program and the 
North Carolina Nursing Scholars Commission. 
Referred to Appropriations Committee. 

H.B. 341, a bill to provide that a professional corporation may form a wholly- 
owned subsidiary professional corporation pursuant to a spin-off of part of the busi- 
ness. 

Referred to Judiciary III Committee. 

H.B. 350, a bill to conform the penalty for illegal campaign solicitations to other 
misdemeanor penalties in the election laws. 
Referred to Election Laws Committee. 

H.B. 370, a bill to allow State income tax credits for corporations and individuals 
who invest in qualified motion pictures. 
Referred to Finance Committee. 



April 10, 1989 



288 SENATE JOURNAL [Session 

H.B. 380, a bill to strengthen and update the Insurer Holding Registration and 
Disclosure Act. 

Referred to Insurance Committee and upon a favorable report re-referred to 
Finance Committee. 

H.B. 411, a bill to change the definition of a standard loaf of bread. 
Referred to Manufacturing and Labor Committee. 

H.B. 421, a bill to change the filing period for the Lincoln County Board of Educa- 
tion. 

Referred to Education Committee. 

H.B. 499, a bill codifying the increase in the size of the Lenoir County Board of 
Education as ordered by the United States District Court for the Eastern District of 
North Carolina. 

Referred to Education Committee. 

H.B. 535, a bill to authorize the Town of Hamlet and the City of Rockingham to 
enter into agreements concerning annexations. 

Referred to Local Government and Regional Committee and upon a favor- 
able report re-referred to Finance Committee. 

H.B. 556, a bill to authorize the Secretary of Revenue to enter into cooperative 
agreements with other states to administer the fuel tax. 
Referred to Finance Committee. 

H.B. 566, a bill to allow Mecklenburg County and the City of Charlotte to lease 
property at private sale for child care purposes, and to eliminate the requirement that 
such private sales be approved by unanimous vote of the governing board. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 567, a bill to provide for the flagging of school records, the notification of law 
enforcement agencies when a request for a copy of a flagged record is made, and to 
require school systems to obtain prior school records or verify the validity of school 
records in order to assist in the location of missing children. 

Referred to Education Committee. 

H.B. 578, a bill to repeal archaic provisions of the teacher certification laws. 
Referred to Education Committee. 

H.B. 584 (Committee Substitute), a bill relating to the name of the North Carolina 
Memorial Hospital and to the terms of the members of the Hospital's Board of Direc- 
tors. 

Referred to Human Resources Committee. 

H.B. 612, a bill authorizing Brunswick County to create a sea turtle sanctuary on 
the Smith Island Complex. 

Referred to Marine Resources and Wildlife Committee. 

H.B. 747, a bill to change the name of Wilson County Technical College to Wilson 
Technical Community College. 

Referred to Higher Education Committee. 

S.B. 142, a bill to amend the membership requirements for the Board of Governors 
of the North Carolina Motor Vehicle Reinsurance Facility, for concurrence in House 
Amendments No. 1 and No. 2 which is placed on the Calendar for tomorrow, 
April 11. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 



April 10, 1989 



1989] SENATE JOURNAL 289 

S.B. 395, a bill to authorize Burke County to levy a room occupancy and tourism 
development tax, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plyler, Rauch, Richardson, Royall, Sands, Shaw, Sherron, 
Smith, Speed, Swain, Taft, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 407, a bill to annex certain described territory to the City of Asheboro, upon 
third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plyler, Rauch, Richardson, Royall, Sands, Shaw, Sherron, 
Smith, Speed, Swain, Taft, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 611, a bill authorizing Cabarrus County to levy a room occupancy and tourism 
development tax and establishing a Cabarrus County Tourism Authority, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plyler, Rauch, Richardson, Royall, Sands, Shaw, Sherron, 
Smith, Speed, Swain, Taft, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H.B. 254, a bill to correct an inadvertent repeal, and to validate acts of the City of 
Mount Airy, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, 
Murphy, Odom, Parnell, Plyler, Rauch, Richardson, Royall, Sands, Shaw, Sherron, 
Smith, Speed, Swain, Taft, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: None. 

The bill is ordered enrolled. 

RECONSIDERATION 

S.B. 611, a bill authorizing Cabarrus County to levy a room occupancy and tourism 
development tax and establishing a Cabarrus County Tourism Authority. 

Senator Barnes moves that the vote by which the bill passed its third reading be 
reconsidered, which motion prevails. 

On motion of Senator Barnes, the bill is placed on the Calendar for Monday, 
April 17, upon third reading. 



April 10, 1989 



290 SENATE JOURNAL [Session 

CALENDAR (Continued) 

S.B. 626, a bill to establish a "slow-no- wake" area on Lake Adger in Polk County. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 432, a bill to allow physicians to report physically impaired drivers to the 
Commissioner of Motor Vehicles. 

On motion of Senator Goldston the bill is taken from the Calendar for today, April 
10, and is re-referred to the Judiciary II Committee. 

S.B. 359 (Committee Substitute), a bill to require that beverage container yokes be 
degradable. 

The Committee Substitute bill passes its second reading (47-0) . 

Senator Block objects to the third reading of the bill. 

The Committee Substitute bill remains on the Calendar for tomorrow, April 11, for 
further consideration upon third reading. 

S.B. 370, a bill to require a person to resign from State or local office if he or she 
seeks another public office the term of which runs concurrently with that of the office 
he is holding. 

The bill passes its second reading (44-2) . 

Senator Bryan objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, April 11, for further consideration 
upon third reading. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.J.R. 267, a Senate joint resolution adopting the Comprehensive Long-Range 
Plan for adults with severe and persistent mental illness as policy guidance for the 
development of services, with a favorable report. 

On motion of Senator Winner, the joint resolution is re-referred to the Human 
Resources Committee. 

S.J.R. 743, a joint resolution honoring the lives of the many revolutionary patriots 
who died so that the colonies could be free to enact a constitution and bill of rights 
guaranteeing our basic freedoms and rights, with a favorable report. 

On motion of Senator Winner, the joint resolution is placed on the Calendar for 
Thursday, April 13. 

S.B. 697, a bill to change the name of the Western North Carolina Arboretum to 
the North Carolina Arboretum, with a favorable report, as amended. 

S.J.R. 475, a joint resolution dedicating properties as part of the State Nature and 
Historic Preserve, removing certain land from Jockey's Ridge State Park and Morrow 
Mountain State Park from the State Nature and Historic Preserve, and to repeal two 
statutes concerning that preserve, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended, and the Committee Substi- 
tute joint resolution, which changes the title to read, S.J.R. 475 (Committee Substi- 
tute) , a joint resolution dedicating properties as part of the State Nature and Historic 
Preserve, is placed before the Senate for immediate consideration. 



April 10, 1989 



1989] SENATE JOURNAL 291 

On motion of Senator Winner, the Committee Substitute joint resolution is adopted, 
and on his further motion is re-referred to the Environment and Natural 
Resources Committee. 

S.B. 476, a bill to codify the joint resolution accepting properties in the State Na- 
ture and Historic Preserve, to remove certain land from Jockey's Ridge State Park and 
Morrow Mountain State Park from the State Nature and Historic Preserve, and to 
repeal two statutes concerning that preserve, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Winner, the Committee Substitute bill is re-referred to the 
Environment and Natural Resources Committee. 

By Senator Royall for the Appropriations Committee: 

S.B. 43, a bill to make appropriations for current operations of State departments, 
institutions, and agencies, and for other purposes, with an unfavorable report as to 
bill, but favorable as to Committee Substitute bill with Amendments No. 1 and No. 2. 

On motion of Senator Royall, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 43 (Committee Substitute), a bill to 
make base budget appropriations for current operations of State departments, institu- 
tions, and agencies, and for other purposes, with Amendments No. 1 and No. 2 is 
placed before the Senate for immediate consideration. 

On motion of Senator Royall, the Committee Substitute bill and Amendments No. 1 
and No. 2 is adopted, and on his further motion is placed on the Calendar for tomor- 
row, April 11. 



CALENDAR (Continued) 

S.B. 359 (Committee Substitute), a bill to require that beverage container yokes be 
degradable, upon third reading. 

Senator Block withdraws his objection to the third reading of the Committee Substi- 
tute bill. The Committee Substitute bill is withdrawn from the Calendar of tomorrow, 
April 11, and placed before the Senate for further consideration upon its third reading. 

Senator Block offers Amendment No. 1 which is adopted (42-0). 

The Committee Substitute bill, as amended, passes its third reading (46-0) and is 
ordered engrossed and sent to the House of Representatives. 

S.B. 394 (Committee Substitute), a bill to provide for the posting of a bond or other 
security to ensure compliance with special orders of the Environmental Management 
Commission. 

The Committee Substitute bill passes its second (46-0) and third (44-0) readings 
and is ordered sent to the House of Representatives. 

S.B. 526, a bill to regulate the sale of fine prints as recommended by the General 
Statutes Commission. 

The bill passes its second (45-0) and third (44-0) readings and is ordered sent to 
the House of Representatives. 

S.B. 737, a bill to redefine theft of cable television services. 

The bill passes its second (44-0) and third readings and is ordered sent to the House 
of Representatives. 



April 10, 1989 



292 SENATE JOURNAL [Session 

H.B. 41 (Committee Substitute), a bill to require public notice when a significant 
modification is proposed to a major CAMA permit application or to a previously is- 
sued major CAMA permit. 

The Committee Substitute bill passes its second (45-0) and third readings and is 
ordered enrolled. 

H.B. 219, a bill to restrict review and renewal of annual overweight permits to once 
annually. 

The bill passes its second (45-0) and third readings and is ordered enrolled. 

S.B. 127, a bill establishing pretrial release service fees, as amended, upon third 
reading. 

The bill, as amended, passes its third reading (38-6) and is ordered engrossed and 
sent to the House of Representatives. 

S.B. 370, a bill to require a person to resign from State or local office if he or she 
seeks another public office the term of which runs concurrently with that of the office 
he is holding, upon third reading. 

Senator Bryan withdraws his objection to the third reading of the bill. The bill is 
withdrawn from the Calendar of tomorrow, April 11, and is placed before the Senate 
for further consideration upon its third reading. 

Senator Bryan offers Amendment No. 1 which is adopted (42-1). 

The bill, as amended, passes its third reading (41-2) and is ordered engrossed and 
sent to the House of Representatives. 



WITHDRAWAL FROM COMMITTEE 

S.J.R. 475 (Committee Substitute), a joint resolution dedicating properties as part 
of the State Nature and Historic Preserve. 

On motion of Senator Plyler the rules are suspended and the Committee Substitute 
joint resolution is taken from the Environment and Natural Resources Com- 
mittee and re-referred to the State Government Committee. 

S.B. 476 (Committee Substitute), a bill to codify the joint resolution accepting 
properties in the State Nature and Historic Preserve, to remove certain land from 
Jockey's Ridge State Park and Morrow Mountain State Park from the State Nature 
and Historic Preserve, and to repeal two statutes concerning that preserve. 

On motion of Senator Plyler the rules are suspended and the Committee Substitute 
bill is taken from the Environment and Natural Resources Committee and 
re-referred to the State Government Committee. 



APPOINTMENT BY THE GOVERNOR 

The President of the Senate directs the Reading Clerk to read the following message 
from the Governor: 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 

RALEIGH 27603-8001 



April 7, 1989 



The Honorable James C. Gardner 
Lieutenant Governor of North Carolina 
State Capitol 
Raleigh, North Carolina 27611 



April 10, 1989 



1989] SENATE JOURNAL 293 

Dear Lieutenant Governor Gardner: 

Pursuant to North Carolina General Statute 115C-10, I am appointing the persons 
listed below to the State Board of Education subject to confirmation by the General 
Assembly in Joint Session. Their terms will expire on March 15, 1997. I hereby 
submit their names to the General Assembly for said confirmation. 

Mrs. Barbara M. Tapscott - 5th Educational District 

Route 2, Box 161 

Burlington, North Carolina 27217 

Mrs. Teena S. Little - 4th Educational District 

770 Fort Bragg Road 

Southern Pines, North Carolina 28387 

Mr. Prezell R. Robinson - At Large 

821 Glascock Street 

Raleigh, North Carolina 27604 

Sincerely, 

S/James G. Martin 
Governor 

Referred to Education Committee. 

The President recognizes the following pages serving in the Senate this week: 

Cheryl T. Cloyd, Murfreesboro; Amy Cobb, Yanceyville; Maribeth Cole, Gastonia; 
Kelly Michelle Fant, Greensboro; Kawana Headen, Burlington; Allison Heggie, 
Greensboro; Maria Lynn Hicks, Greensboro; Heather Jane Kilby, Jefferson; Melissa 
McLamb, Gastonia; Brooke Lee Miller, Morganton; Jennifer Ann Murray, Louis- 
burg; Robert Neil Pursley III, Mebane; Gloria M. Rabil, Louisburg; Jennifer Seal, 
Yanceyville; Mitzi Smith, Yanceyville; Martha Tennant, Asheboro; Susan Totten, 
Yanceyville; and Heather Walker, Asheboro. 

On motion of Senator Barnes, seconded by Senator Johnson of Wake, the Senate 
adjourns at 9:14 P.M. to meet tomorrow, April 11, at 1:30 P.M. 



FIFTY-SECOND DAY 

Senate Chamber, 
Tuesday, April 11, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by The Reverend Edwin W. Stock, Jr. , Pastor of First Presbyterian 
Church, Raleigh, as follows: 

"Gracious God, by Your providence, You have established peoples to live under a 
form of order for their well-being and protection and productivity. May the form of 
government we have been elected to uphold and serve as Senators in the State of North 
Carolina, more nearly reflect Your covenant of justice and love. May we never forget 
Your watchful, ubiquitous eye, for You are not a God detached and isolated from our 



April 11, 1989 



294 SENATE JOURNAL [Session 

hurts and aspirations as spirit-filled creatures. By Your providence, we have been 
elected by Your people to work together for the common good across county and dis- 
trict and geographic and party lines. May we as Senators seek Your compassion and 
wisdom in all our deliberations and actions. We make this prayer in the Name of 
You, our God, Who art our Creator, Redeemer, and Sustainer of our lives as the 
Father of Abraham, of David, and of Jesus of Nazareth. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
April 10, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants leaves of absence for today to Senators Carpenter and Hardin, 
who are attending a highway groundbreaking ceremony in Brevard. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 41 an act to require public notice when a significant modification is proposed 
to a major CAM A permit application or to a previously issued major CAM A permit. 
(Ch. 53) 

H.B. 219, an act to restrict review and renewal of annual overweight permits to 
once annually. (Ch. 54) 

H.B. 254, an act to correct an inadvertent repeal, and to validate acts of the City 
of Mount Airy. (Ch. 55) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Kaplan: 

S.B. 835, a bill to eliminate joint sessions for appointment or nomination of public 
officers, except as required by the Constitution. 

Referred to Rules and Operation of the Senate Committee. 

By Senator Ezzell: 

S.B. 836, a bill to simplify the computation of Fiduciary Compensation. 

Referred to Judiciary III Committee. 

By Senator Ezzell: 

S.B. 837, a bill to amend laws concerning notice to known or reasonably ascertain- 
able creditors of decedents' estates. 

Referred to Judiciary III Committee. 

By Senator Bryan: 

S.B. 838, a bill to require local Boards of Education to adopt rules requiring the 
parent's signature on a student's report card, and providing a penalty for student vio- 
lation of report card rules. 

Referred to Education Committee. 

By Senator Johnson of Wake: 

S.B. 840, a bill to implement miscellaneous revisions with respect to local govern- 
ment finance. 

Referred to Finance Committee. 



April 11, 1989 



1989] SENATE JOURNAL 295 

By Senator Johnson of Wake: 

S.B. 841, a bill to rewrite the law concerning the effect of a dissent from a will by a 
surviving spouse. 

Referred to Judiciary III Committee. 

By Senator Johnson of Wake: 

S.B. 842, a bill to require that persons subject to selective service registration must 
register to be eligible for State or local government employment or receipt of public 
benefits. 

Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee. 

By Senators Raynor, Ballance, Barker, Basnight, Carpenter, Daniel, Guy, Hunt of 
Durham, Johnson of Wake, Martin of Pitt, Murphy, Odom, Parnell, Sherron, 
Simpson, Soles, Speed, Swain, and Tally: 

S.B. 843, a bill to remove the certificate of need requirements from nursing homes. 

Referred to Human Resources Committee. 

By Senator Harris: 

S.B. 844, a bill to provide elected officials of local government with basic retire- 
ment benefits and supplemental retirement benefits. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senator Harris: 

S.B. 845, a bill to allow the purchase of certain temporary service served after 
full-time service in the Teachers' and State Employees' Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senators Rauch and Odom: 

S.B. 846, a bill to allow a hospital authority to establish branch facilities outside 
the boundaries of its establishing governmental entity. 
Referred to Human Resources Committee. 

By Senator Rauch: 

S.B. 847, a bill to clarify the law regarding what constitutes a sale of hospital facili- 
ties to nonprofit corporations. 

Referred to Human Resources Committee. 

By Senators Martin of Guilford, Johnson of Cabarrus, Marvin, Parnell, Royall, and 
Swain: 

S.J.R. 848, a joint resolution directing the Special Committee on Prisons to study 
substance abuse evaluation treatment and counseling within the prison system. 

Referred to Rules and Operation of the Senate Committee. 

By Senators Basnight, Sands, Daniel, and Taft: 

S.B. 849, a bill to provide that the State Employees' Comprehensive Major Medi- 
cal Plan provide benefits for the treatment of infertility to the same extent that it pro- 
vides benefits for pregnancy-related care. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senators Basnight, Sands, Daniel, and Taft: 

S.B. 850, a bill to provide that health insurance policies or plans, hospital service 
or medical service plans, and health maintenance organizations that provide preg- 
nancy-related benefits shall also provide coverage for the treatment of infertility. 

Referred to Insurance Committee. 



April 11, 1989 



296 SENATE JOURNAL [Session 

By Senators Taft and Martin of Pitt: 

S.B. 851, a bill to specify the process of East Carolina University's School of 
Medicine Medicare educational reimbursement. 
Referred to Appropriations Committee. 



WITHDRAWAL FROM CALENDAR 

S.J.R. 743, a joint resolution honoring the lives of the many revolutionary patriots 
who died so that the colonies could be free to enact a constitution and bill of rights 
guaranteeing our basic freedoms and rights. 

On motion of Senator Tally the joint resolution is taken from the Calendar for 
Thursday, April 13, and is recommitted to the Rules and Operation of the Sen- 
ate Committee. 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Murphy for the Higher Education Committee: 

S.B. 505, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of a capital improvements project at the University of 
North Carolina at Charlotte, with a favorable report. 

On motion of Senator Murphy, the bill is re-referred to the Finance Committee. 

S.B. 515, a bill to be known as "Retooling for the year 2000: Gaining the Com- 
petitive Edge," with a favorable report. 

On motion of Senator Murphy, the bill is re-referred to the Appropriations 
Committee. 

H. J.R. 803, a joint resolution setting the date for the House of Representatives and 
Senate to elect members to the State Board of Community Colleges, with a favorable 
report. 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 450, a bill concerning local development in the City of Wilson and Wilson 
County, with a favorable report. 

S.B. 556, a bill to amend the Charter of the City of Rocky Mount to provide for an 
alternative eminent domain procedure, with a favorable report. 

By Senator Conder for the Education Committee: 

S.B. 606, a bill to allow the interim Board of Education for the Public Schools of 
Robeson County to elect their own officers, with a favorable report. 

S.B. 398, a bill to provide for the regulation of ethnic harassment in public schools, 
with a favorable report, as amended. 

On motion of Senator Conder, the bill is placed on the Calendar for Wednesday, 
April 12. 

S.B. 344, a bill to mandate comprehensive health education in the public schools 
and to include in that curriculum family life education, pregnancy prevention 



April 11, 1989 



1989] SENATE JOURNAL 297 

education, and reproductive health education, with an unfavorable report as to bill, 
but favorable as to Committee Substitute bill. 

On motion of Senator Conder, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Conder, the Committee Substitute bill is placed on the Calen- 
dar for Monday, April 17. 

By Senator Swain for the Judiciary I Committee: 

S.B. 775, a bill concerning the method for payment of out-of-state witnesses in 
criminal cases, with a favorable report. 

On motion of Senator Swain, the bill is re-referred to the Appropriations Com- 
mittee. 

S.B. 5, a bill to prohibit the affixing to a motor vehicle of any sticker, decal, em- 
blem, or other device containing profane or lewd words describing sexual acts, excre- 
tory functions, or parts of the human body, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended, and the Committee Substitute 
bill which changes the title to read, S.B. 5 (Committee Substitute), a bill to prohibit 
the affixing to a motor vehicle of any sticker, decal, emblem, drawing, photograph, 
painting, or other device containing indecent words describing sexual acts, excretory 
functions, or parts of the human body, or a visual depiction which is harmful to mi- 
nors, is placed before the Senate for immediate consideration. 

On motion of Senator Swain, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, April 17. 

S.B. 524, a bill to include additional controlled substances in the controlled sub- 
stances schedules, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Swain, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Swain, the Committee Substitute bill is placed on the Calen- 
dar for Monday, April 17. 

S.B. 548, a bill to amend the collection agency laws, with an unfavorable report as 
to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Swain, the Committee Substitute bill is placed on the Calen- 
dar for Wednesday, April 12. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 327, a bill to provide that all law enforcement officers of this State have the 
authority to enforce the rules promulgated by the Department of Natural Resources 
and Community Development and the Wildlife Resources Commission regarding the 
willful removal of, damage to, or destruction of any property entrusted to those enti- 
ties. 

Referred to Marine Resources and Wildlife Committee. 



April 11, 1989 



298 SENATE JOURNAL [Session 

H.B. 480 (Committee Substitute), a bill to create the Department of Environment, 
Health, and Natural Resources and to provide for its organization, to consolidate envi- 
ronmental programs, to abolish the Department of Natural Resources and Community 
Development, to transfer the divisions, agencies, powers, duties, and functions of the 
Department of Natural Resources and Community Development, to provide for further 
study of environmental agency consolidation and reorganization, and to make con- 
forming statutory changes. 

Referred to Environment and Natural Resources Committee. 

H.B. 498, a bill to remove certain described property from the corporate limits of 
the City of Kinston. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 529, a bill to amend the law regarding appointments of hospital authorities in 
Craven County. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 541, a bill to provide for the accrual of interest on damages awarded under 
the State Tort Claims Act as recommended by the General Statutes Commission. 
Referred to Judiciary II Committee. 

H.B. 627, a bill to make omnibus changes relating to savings and loan associa- 
tions. 

Referred to Banks and Thrift Institutions Committee. 

H.B. 655, a bill to repeal financial responsibility of spouse for long term care pa- 
tient statutes for the Medicaid program. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Appropriations Committee. 

H.B. 656, a bill to repeal the statutes regarding Medicaid increased per diem rates 
for certain hospitals serving indigent patients. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Appropriations Committee. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 43 (Committee Substitute), a bill to make base budget appropriations for cur- 
rent operations of State departments, institutions, and agencies, and for other pur- 
poses, as amended. 

Without objection, on motion of Senator Basnight, courtesies of the floor are ex- 
tended to the Fiscal Research Staff for the purpose of assisting in the explanation of 
the Committee Substitute bill, as amended. 

Senator Basnight offers Amendment No. 3 which is adopted. 

Senator Basnight offers Amendment No. 4 which is adopted (48-0). 

Senator Basnight moves that the vote by which Amendment No. 3 was adopted be 
reconsidered, which prevails. Without objection, Senator Basnight withdraws, cor- 
rects and resubmits Amendment No. 3, which is adopted (47-0). 

Senator Basnight rises to explain S.B. 43 (Committee Substitute) as amended, and 
the attached report to the Senate Base Budget Appropriations Committee. (See Ad- 
dendum) 

Senator Marvin offers Amendment No. 5 which is adopted (45-0). 

Senator Parnell offers Amendment No. 6 which is adopted (44-2). 

Senator Johnson of Cabarrus offers Amendment No. 7 which he subsequently with- 
draws. 



April 11, 1989 



1989] SENATE JOURNAL 299 

Senator Simpson offers Amendment No. 8. Senator Harris offers a motion that 
Amendment No. 8 do lie upon the table, seconded by Senator Johnson of Wake, 
which motion prevails (33-12). Amendment No. 8 lies upon the table. 

Senator Johnson of Cabarrus offers Amendment No. 9. Senator Marvin offers a 
motion that Amendment No. 9 do lie upon the table, which motion fails to prevail for 
lack of a second. Amendment No. 9 remains before the Senate for further considera- 
tion. 

After further debate, Senator Odom offers a motion that Amendment No. 9 do lie 
upon the table, seconded by Senator Marvin, which motion fails to prevail (21-26). 
Amendment No. 9 remains before the Senate for further consideration. Senator 
Johnson of Cabarrus calls the previous question, seconded by Senator Harris. The 
call is sustained. Amendment No. 9, offered by Senator Johnson of Cabarrus fails of 
adoption (23-25). 

The Committee Substitute bill, as amended, passes its second (47-0) and third 
readings and is ordered engrossed and sent to the House of Representatives. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Parnell for the Insurance Committee: 

S.B. 446, a bill to rewrite the North Carolina Medicare Supplement Insurance 
Minimum Standards Act of 1981 in order to comply with recent changes in federal 
law, with an unfavorable report as to bill, but favorable to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further mo- 
tion, the Committee Substitute bill is adopted. 

On motion of Senator Parnell, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

S.B. 501, a bill to amend the Postassessment Insurance Guaranty Association Act, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended and the Committee Substitute 
bill is placed before the Senate for immediate consideration, and on his further mo- 
tion, the Committee Substitute bill is adopted. 

On motion of Senator Parnell, the Committee Substitute bill is placed on the Calen- 
dar for Monday, April 17, for further consideration. 

INTRODUCTION OF RESOLUTIONS 

Senator Raynor moves that Rule 40 be suspended to allow the introduction of the 
following joint resolutions which motion prevails by a two-thirds majority vote. 

By Senators Raynor and Tally: 

S.J.R. 866, a joint resolution honoring the life and memory of Ottis Franklin 
Jones, former Sheriff of Cumberland County. 

Without objection, on motion of Senator Raynor, the joint resolution is placed on 
the Calendar for Thursday, April 13. 

By Senators Raynor and Tally: 

S.J.R. 867, a joint resolution memorializing the life and memory of Private First 
Class Bryant Homer Womack and urging the Department of the Army to establish a 
new medical center in Cumberland County in his honor. 

Senator Winner rises to a point of order invoking Senate Rule 40(c). The Chair 
fails to sustain the point of order and without further objection, on motion of Senator 
Raynor, the joint resolution is placed on the Calendar for Thursday, April 13. 



April 11, 1989 



300 SENATE JOURNAL [Session 

On motion of Senator Barnes, seconded by Senator Shaw, the Senate adjourns at 
3:43 P.M. to meet tomorrow, April 12, at 12:00 Noon. 



FIFTY-THIRD DAY 



Senate Chamber, 
Wednesday, April 12, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, of all nations and tribes, all peoples and tongues, we thank Thee for hold- 
ing us all in Your heart, and including us each in Your plans. 

"Today, some Members of this Senate will be going, while others will be staying 
behind. O Gracious Lord, let this be a time of affirmation; of affirming each others' 
motives, each others' judgments, each other's integrity and immeasurable worth. 

"As we look back across 200 years and see how far we have come, we are grateful 
and glad. Yet, when we hold our society up in the brilliant light of the highest we 
know of democracy, and the best we know of the Judeo-Christian tradition, we see 
how far we have missed the mark and we are sad. 

"Let this be for each of us a growing experience; and bring us back together in this 
Senate better friends than when we left, and with a new-found eagerness to fulfill the 
American dream. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
April 11, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Tally, who is out of 
town and to Senator Ward, who is attending a Steering Committee on Education Com- 
mission of the States. 

The President grants courtesies of the gallery to Gilbert Boger, former Senator from 
Davie County. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bill properly enrolled, and it is duly ratified 
and sent to the office of the Secretary of State: 

S.B. 37, an act to allow budget transfers to fully fund the Legislative Tuition Grant 
Program and the Contractual Scholarship Grant Program. (Ch. 56) 

Senator Winner offers a motion that Rule 41 (a4) be temporarily suspended to fur- 
ther allow public bills in the Bill Drafting Office on March 30 to be filed and presented 
to the Senate until 3:00 P.M. April 18, which motion prevails. 

Without objection, on motion of Senator Winner the rules are suspended to allow 
bills and resolutions reported from Committees today to be placed on the Calendar for 
Monday, April 17. 



April 12, 1989 



1989] SENATE JOURNAL 301 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Hunt of Moore for the State Personnel Committee: 

S.B. 261, a bill to cover heart and other organ transplants through preferred 
provider reimbursement limits under the Teachers' and State Employees' Comprehen- 
sive Major Medical Plan, with a favorable report. 

On motion of Senator Hunt of Moore, the bill is re-referred to the Appropria- 
tions Committee. 

S.B. 784, a bill to authorize flexible compensation plans for State agency employ- 
ees, university employees, community college employees, and public school employ- 
ees, with a favorable report, as amended. 

On motion of Senator Hunt of Moore, the bill is placed before the Senate for imme- 
diate consideration and on her further motion Committee Amendment No. 1 is 
adopted. 

On motion of Senator Hunt of Moore, the bill, as amended, is ordered engrossed 
and re-referred to the Appropriations Committee. 

By Senator Sands for the Local Government and Regional Affairs 
Committee: 

S.B. 653, a bill to allow Polk County to convey to Steps to Hope, Inc., a nonprofit 
corporation, certain real estate at private sale, with a favorable report, as amended. 

On motion of Senator Sands, the bill is placed on the Calendar for Monday, 
April 17. 

H.B. 121, a bill to amend the Charter of the City of Charlotte with respect to the 
execution of contracts, with a favorable report, as amended. 

On motion of Senator Sands, the bill is placed on the Calendar for Monday, 
April 17. 

S.B. 193, a bill to exempt the Town of Fairmont from certain zoning notice require- 
ments, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill, is placed on the Calen- 
dar for Monday, April 17. 

S.B. 437, a bill to provide for liens for unpaid charges by the City of Wilmington for 
water, sewer, and garbage services, with an unfavorable report as to bill, but favorable 
as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is re-referred to the 
Finance Committee. 

S.B. 479, a bill to exempt the City of Wilson from certain zoning notice require- 
ments, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 



April 12, 1989 



302 SENATE JOURNAL [Session 

On motion of Senator Sands, the Committee Substitute bill, is placed on the Calen- 
dar for Monday, April 17. 

S.B. 555, a bill to exempt the City of Rocky Mount from certain zoning notice 
requirements, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill, is placed on the Calen- 
dar for Monday, April 17. 

S.B. 652, a bill to authorize the establishment of minimum standards for nonresi- 
dential buildings in the City of States ville, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read S.B. 652 (Committee Substitute), a bill to allow 
the City of Statesville to convey certain property at private sale, is placed before the 
Senate for immediate consideration. 

On motion of Senator Sands, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Monday, April 17. 

H.B. 225, a bill to modify the qualifications for appointment and the terms of the 
trustees for Albemarle Hospital in Pasquotank County, with an unfavorable report as 
to bill, but favorable as to Senate Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Senate Committee Substitute bill is adopted. 

On motion of Senator Sands, the Senate Committee Substitute bill is placed on the 
Calendar for Monday, April 17. 

By Senator Harris for the Human Resources Committee: 

S.B. 519, a bill to continue registration and disclosure by and to provide for finan- 
cial evaluation of continuing care facilities, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Harris, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Harris, the Committee Substitute bill is re-referred to the 
Finance Committee. 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 466, a bill to authorize the Department of Administration to condemn property 
for railroad corridor preservation, with a favorable report. 

On motion of Senator Johnson of Wake, the bill is placed on the Calendar for Mon- 
day, April 17. 

S.B. 358, a bill to extend the time period for the return of purchaser's payments 
under the Time Share Act, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Johnson of Wake, the rules are suspended, and the Commit- 
tee Substitute bill is placed before the Senate for immediate consideration and on his 
further motion the Committee Substitute bill is adopted. 

On motion of Senator Johnson of Wake, the Committee Substitute bill is placed on 
the Calendar for Monday, April 17, for further consideration. 



April 12, 1989 



1989] SENATE JOURNAL 303 

By Senator Goldston for the Transportation Committee: 

S.B. 460, a bill to continue the present highway contract clauses in highway con- 
struction contracts made necessary by federal legislation, with a favorable report. 

On motion of Senator Goldston, the bill is placed on the Calendar for Monday, 
April 17. 

By Senator Rauch for the Finance Committee: 

S.B. 439, a bill to allow the Town of Richfield to collect utility bills as if they were 
taxes due the Town, with a favorable report. 

On motion of Senator Rauch, the bill is placed on the Calendar for Monday, 
April 17. 

S.B. 454, a bill to provide for an election in the northeasternmost part of Dare 
County on the question of establishing an Outer Banks Beautification District and to 
provide for the levy and collection of property taxes in this District, with a favorable 
report. 

On motion of Senator Rauch, the bill is placed on the Calendar for Monday, 
April 17. 

S.B. 557, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects of the constitu- 
ent institutions of the University of North Carolina, with a favorable report. 

On motion of Senator Rauch, the bill is placed on the Calendar for Monday, 
April 17. 

S.B. 770, a bill authorizing the acquisition, enlargement, improvement, operation 
and revenue bond financing of sanitary sewer and water systems within and without 
the corporate limits of a municipality, with a favorable report. 

On motion of Senator Rauch, the bill is placed on the Calendar for Monday, 
April 17. 

H.B. 107 (Committee Substitute), a bill to provide for specialized plates for recipi- 
ents of the Purple Heart Award, with a favorable report. 

On motion of Senator Rauch, the Committee Substitute bill is placed on the Calen- 
dar for Monday, April 17. 

H.B. 222, a bill to allow Pasquotank County additional flexibility to fund public 
school construction, with a favorable report. 

On motion of Senator Rauch, the bill is placed on the Calendar for Monday, 
April 17. 

S.B. 656, a bill to provide that upon merger of local school administrative units in a 
county, the Board of County Commissioners may levy and collect a supplemental 
school tax without voter approval in the geographic area encompassed by the new 
school administrative unit resulting from the merger, with a favorable report, as 
amended. 

On motion of Senator Rauch, the bill is placed on the Calendar for Monday, 
April 17. 

By Senator Sherron for the State Government Committee: 

H.B. 116, a bill to establish the North Carolina Register of Historic Places, with a 
favorable report. 

On motion of Senator Sherron, the bill is placed on the Calendar for Monday, 
April 17. 

S.B. 291, a bill to transfer the Divisions of Community Assistance and Economic 
Opportunity from the Department of Natural Resources and Community Development 



April 12, 1989 



304 SENATE JOURNAL [Session 

to the Department of Commerce, to direct the Secretary of Commerce to establish a 
Division of Housing, and to establish a toll-free telephone number for housing assis- 
tance information in that Division, with a favorable report, as amended. 

On motion of Senator Sherron, the bill is placed on the Calendar for Monday, 
April 17. 

By Senator Harris for the Human Resources Committee: 

S.B. 424, a bill to amend the mental health, mental retardation, and substance 
abuse confidentiality laws, with a favorable report, as amended. 

On motion of Senator Harris, the bill is placed on the Calendar for Monday, 
April 17. 

By Senator Ballance for the Alcoholic Beverage Control Committee: 

S.B. 206, a bill to change the jurisdiction of the Monroe ABC Law Enforcement 
officer, with a favorable report, as amended. 

On motion of Senator Ballance, the bill is placed on the Calendar for Monday, 
April 17. 

S.B. 759, a bill to increase the amount of liquor a person may purchase and pos- 
sess without a permit, with a favorable report, as amended. 

On motion of Senator Ballance, the bill is placed on the Calendar for Monday, 
April 17. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Bryan: 

S.B. 852, a bill to make necessary changes in the State-administered retirement 
systems. 

Referred to Pensions and Retirement Committee. 

By Senator Bryan: 

S.B. 853, a bill to make necessary changes in the State-administered retirement 
systems. 

Referred to Pensions and Retirement Committee. 

By Senator Martin of Guilford: 

S.B. 854, a bill to create a Legislative Study Commission on Proprietary Schools. 
Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senator Barker: 

S.B. 855, a bill to amend the law relating to disclosure of life insurance policies. 

Referred to Judiciary III Committee. 

By Senators Tally, Marvin, Sherron, Taft, Ward, and Winner: 
S.B. 856, a bill to clarify various statutes relating to the Inactive Hazardous Sites 
Program. 

Referred to Environment and Natural Resources Committee. 

By Senator Barker (By Request): 

S.B. 857, a bill to confirm the status of the Utilities Commission, the Industrial 
Commission and the Office of Administrative Hearings as independent adjudicative 
agencies under Article III, Section 11, and Article IV, Section 3 of the Constitution, 
to provide for their administration, and to equalize 

Referred to Rules and Operation of the Senate Committee. 



April 12, 1989 



1989] SENATE JOURNAL 305 

By Senator Goldston: 

S.B. 858, a bill to allow ABC permits to be issued in certain unincorporated areas 
of the State. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Goldston: 

S.B. 859, a bill to allow persons other than individuals to make limited contribu- 
tions to political action committees of professional associations. 
Referred to Election Laws Committee. 

By Senator Johnson of Wake: 

S.B. 860, a bill to require administrative law judges to make final decisions in cer- 
tain contested cases under the Administrative Procedure Act and to make uniform the 
judicial review of administrative decisions. 

Referred to Judiciary III Committee. 

By Senator Block: 

S.B. 861, a bill to provide that no insurance points shall be assessed when an in- 
fraction is dismissed upon the payment of court costs. 
Referred to Insurance Committee. 

By Senators Block and Sands: 

S.B. 862, a bill to provide that a prisoner serving a mandatory minimum sentence 
shall not be eligible for community service parole until completion of that minimum 
sentence. 

Referred to Judiciary I Committee. 

By Senator Smith: 

S.B. 863, a bill to clarify the law governing disposal of hypodermic syringes and 
needles. 

Referred to Human Resources Committee. 

By Senator Taft: 

S.B. 864, a bill to amend the law regarding notice of placement of certain juveniles 
and review of dispositions. 

Referred to Judiciary III Committee. 

By Senators Taft and Martin of Pitt: 

S.B. 865, a bill to establish and fund a program of motorcycle safety instruction 
and to provide for a ten percent liability premium insurance discount for certified 
graduates of the program. 

Referred to Transportation Committee and upon a favorable report re-referred 
to Finance Committee and upon a favorable report re-referred to the Appropria- 
tions Committee. 

By Senator Cobb: 

S.B. 868, a bill to prohibit inducement of the buyer of a motor vehicle under retail 
installment contract or the lessee of a motor vehicle under a lease contract to sublease 
the motor vehicle without the written consent of the holder of the retail installment 
contract or the lessor. 

Referred to Transportation Committee. 

By Senators Tally, Sherron, Taft, and Ward: 

S.B. 869, a bill to clarify State agency authority with respect to the Federal Super- 
fund Program. 

Referred to Environment and Natural Resources Committee. 



April 12, 1989 



306 SENATE JOURNAL [Session 

By Senators Tally, Sherron, Taft, Ward, Marvin, Winner, and Smith: 
S.B. 870, a bill to regulate the disposal of hazardous waste. 
Referred to Environment and Natural Resources Committee. 

By Senators Tally, Sherron, Taft, and Winner: 

S.B. 871, a bill to make clarifying and technical amendments to various statutes 
relating to low-level radioactive waste and to the issuance of revenue bonds by the 
North Carolina Low-Level Radioactive Waste Management Authority. 

Referred to Environment and Natural Resources Committee. 

By Senator Walker: 

S.B. 872, a bill to make miscellaneous changes in fee statutes, to implement base 
budget recommendations. 

Referred to Finance Committee. 

By Senators Conder and Plyler: 

S.B. 873, a bill to appropriate funds to build a classroom and science building at 
Anson Community College. 

Referred to Appropriations Committee. 

By Senators Daniel and Sands: 

S.B. 874, a bill to make technical changes to the General Statutes regulating slot 
machines. 

Referred to Judiciary I Committee. 

Senator Winner offers a motion that bills and resolutions filed for introduction today 
be presented to the Senate, read the first time and referred to Committee on Monday, 
April 17, which motion prevails. 

APPOINTMENT OF SPECIAL 
COMMITTEE ON PRISONS 

Pursuant to Resolution 8 of the 1989 Session Laws of the General Assembly of 
North Carolina, Senator Barnes, President Pro Tempore, appoints the Special Com- 
mittee on Prisons, as follows: Senators Parnell, Bryan, Johnson of Cabarrus, 
Martin of Guilford, Marvin, Odom, Royall, and Swain. 

MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 259 (Committee Substitute), a bill to provide that Statutes of Limitation and 
Statutes of Repose are tolled against a defendant in a civil action arising out of a 
criminal offense for which he is convicted, until restitution ordered by the court or 
imposed as a condition of probation, special probation, work release, or parole is 
made by the defendant. 

Referred to Judiciary II Committee. 

H.B. 320 (Committee Substitute), a bill to provide for the implementation of pro- 
grams to address the nursing shortage in the State. 

Referred to Rules and Operation of the Senate Committee. 

H.B. 491 (Committee Substitute), a bill to modify the law regarding suspension of 
Credit Union Charters and to authorize appointment of a conservator to manage the 
affairs of a credit union when necessary. 

Referred to Banks and Thrift Institutions Committee. 



April 12, 1989 



1989] SENATE JOURNAL 307 

S.B. 595, a bill to provide that in filling a vacancy in the office of sheriff of 
Onslow, Gaston, and Lincoln Counties, the County Board of Commissioners must 
appoint the nominee of the Party Executive Committee of the vacating sheriff, for 
concurrence in House Amendment No. 1 which is placed on the Calendar for Mon- 
day, April 17. 



CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
Tuesday, April 11, are taken up and disposed of as follows: 

S.B. 638, a bill to make it clear that (like in North Carolina medical doctor licens- 
ing matters) information developed in investigations by the North Carolina Board of 
Dental Examiners may be kept confidential to avoid warning investigations subjects 
who may want to hide misconduct and to prevent prejudicing subjects by premature 
release of what are later revealed as erroneous or misleading accusations; and to fur- 
ther make it clear that the investigation information may not be kept confidential after 
it is used in formal board notices or hearings. 

The bill passes its second (41-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 681, a bill to require that applicants for licensure as podiatrists complete one 
year of clinical residency and have passed the National Podiatry Board Examination. 

The bill passes its second (43-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 697, a bill to change the name of the Western North Carolina Arboretum to 
the North Carolina Arboretum. 

On motion of Senator Royall, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (44-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 139 (Committee Substitute), a bill to regulate historic districts and landmarks, 
as amended, upon third reading. 

The Committee Substitute bill, as amended, passes its third reading (40-3) and is 
ordered engrossed and sent to the House of Representatives. 

S.B. 142, a bill to amend the membership requirements for the Board of Governors 
of the North Carolina Motor Vehicle Reinsurance Facility, for concurrence in House 
Amendments No. 1 and No. 2. 

Senator Parnell moves that the Senate do not concur in House Amendments No. 1 
and No. 2. The Senate fails to concur (3-39). Senator Parnell further moves that 
conferees be appointed, which motion prevails. 

A message is ordered sent to the House of Representatives informing that Honorable 
Body of such action and requesting conferees. 

Bills and Resolutions on today's Calendar are taken up and disposed of as follows: 

S.B. 556, a bill to amend the Charter of the City of Rocky Mount to provide for an 
alternative eminent domain procedure, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Ezzell, Goldston, Guy, 
Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, Martin 
of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, 
Taft, Walker, and Winner— 42. 



April 12, 1989 



308 SENATE JOURNAL [Session 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, April 17 for further consideration 
upon third reading. 

S.B. 450, a bill concerning local development in the City of Wilson and Wilson 
County. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 606, a bill to allow the interim Board of Education for the Public Schools of 
Robeson County to elect their own officers. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 398, a bill to provide for the regulation of ethnic harassment in public schools. 

On motion of Senator Conder, Committee Amendment No. 1 is adopted (40-0). 

Senator Swain offers Amendment No. 2. Senator Ballance offers a motion that the 
bill as amended, with Amendment No. 2 pending, be re-referred to the Judiciary I 
Committee which motion prevails (28-14). 

Pursuant to Resolution 4 of the 1989 Session Laws of the North Carolina General 
Assembly, S.J.R. 154, a joint resolution providing that the 1989 General Assembly 
shall meet in the City of Fayetteville in honor of the Two Hundredth Anniversary of 
the ratification by North Carolina of the United States Constitution, Senator Royall 
offers a motion, seconded by Senator Raynor, that the Senate do now adjourn to 
reconvene tomorrow, April 13, in the City of Fayetteville, North Carolina, at the State 
House site, which motion prevails. 



FIFTY-FOURTH DAY 

Site of State House, 
Fayetteville, North Carolina, 
Thursday, April 13, 1989. 

Pursuant to Resolution 4 of the 1989 Session Laws, S.J.R. 154, a joint resolution 
providing that the 1989 General Assembly shall meet in the City of Fayetteville in 
honor of the Two Hundredth Anniversary of the ratification by North Carolina of the 
United States Constitution, the Senate convenes with the reading of the Resolution at 
the site of the State House in the City of Fayetteville, North Carolina. 

The Honorable James C. Gardner, Lieutenant Governor, calls the Senate to order. 

Prayer is offered by the Reverend Hugh Cameron, Minister of Hay Street United 
Methodist Church, Fayetteville. 

Led by Senator Barnes, of Wayne County, President Pro Tempore, the Senators and 
all distinguished guests and visitors attending, stand and pledge their allegiance to the 
United States of America. 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
April 12, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Hunt of Durham, who 
has legislative work in his district, to Senator Martin of Guilford, who has other 



April 13, 1989 



1989] SENATE JOURNAL 309 

legislative business, to Senator Richardson, who has legislative business at home, and 
to Senator Ward. 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 383, a bill to broaden coverage under the State scholarship program for Chil- 
dren of War Veterans and establish entitlement termination dates, as amended. 

The Chair directs the Reading Clerk to read the resolution in its entirety. Senator 
Raynor speaks in support of the bill. 

The bill, as amended, passes its second reading. 

Pursuant to Rule 42.1, on motion of Senator Royall the bill, as amended, is recom- 
mitted to the Appropriations Committee. 

S.J.R. 839, a joint resolution honoring the lives of the many revolutionary patriots 
who died so that the colonies could be free to enact a Constitution and Bill of Rights 
guaranteeing our basic freedoms and rights. 

The Chair directs the Reading Clerk to read the resolution in its entirety. 

Senator Tally speaks in support of the resolution. 

The joint resolution passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives by special messenger. 

S.J.R. 866, a joint resolution honoring the life and memory of Ottis Franklin 
Jones, former Sheriff of Cumberland County. 

The Chair directs the Reading Clerk to read the resolution in its entirety. 

Senator Raynor speaks in support of the resolution. 

The joint resolution passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives. 

S.J.R. 867, a Senate joint resolution memorializing the life and memory of Private 
First Class Bryant Homer Womack and urging the Department of the Army to estab- 
lish a new medical center in Cumberland County in his honor. 

The Chair directs the Reading Clerk to read the resolution in its entirety. 

Senator Raynor speaks in support of the resolution. 

The joint resolution passes its second and third readings and is ordered, without 
objection, sent to the House of Representatives. 

SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.J.R. 1047, a joint resolution honoring the life and memory of William 
Richardson Davie for his actions in establishing the University of North Carolina. 

On motion of Senator Sands, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H.J.R. 1113, a joint resolution honoring the life and memory of Hubert Willis. 
On motion of Senator Sands, the joint resolution is placed before the Senate for 
immediate consideration. 

The Chair directs the Reading Clerk to read the resolution in its entirety. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H.J.R. 1138, a joint resolution honoring Ezekial E. Smith. 

On motion of Senator Sands, the joint resolution is placed before the Senate for 
immediate consideration. 



April 13, 1989 



310 SENATE JOURNAL [Session 

The Chair directs the Reading Clerk to read the resolution in its entirety. 

The joint resolution passes its second and third readings and is ordered enrolled. 

The President recognizes the following pages serving the Senate today: from Fayet- 
teville Academy — Lonnie Player; from Albritton School — Shelby Adams, Yolanda 
Carter, Natalie Schneider, Aisha Wilson, Mary Ann Steinkopf, Darius Farley, Matt 
Sojot, David McAllister, Monica White, and P.J. Prieto; from the Cumberland 
County Schools — Sarah Bryant, Bill Bondshu, Devin Scully, Anthony Bobbin, 
Michael Locklear, Joseph Otto, James Wood, Karen Lovejoy, Wendy Greenhouse, 
Gladys Tate, Denise Allar, Travis Idol, Rodney Bullard, Michelle McGill, Holly 
Makin, Robert Herring, Kenyatta Staker, and Martha Puglisi. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

H.J.R. 1140, a joint resolution honoring Henry Evans. 

On motion of Senator Sands, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

H.J.R. 1114, a joint resolution honoring the life and memory of Charles Edward 
"Charlie" Jones, Sr., "Mr. Democrat." 

On motion of Senator Sands, the joint resolution is placed before the Senate for 
immediate consideration. 

The joint resolution passes its second and third readings and is ordered enrolled. 

Senator Barnes is recognized and expresses appreciation to the citizens of the City of 
Fayette ville and the residents of Cumberland County for their hospitality, as follows: 

"Two points if I could of a moment of personal privilege. The first one of a lighter 
note, if you would. Last evening we had an excellent banquet. Mayor Dawkins wel- 
comed us to Fayetteville and we appreciated that. Secondly the Chairman of the 
County Commissioners, Mr. Lewis, welcomed us also to Fayetteville. 

"On behalf of the Senate, I had a chance to respond. I told them how proud we 
were to be in Town here and in responding I told him how proud we were of our two 
Senators from Fayetteville, Senator Raynor and Senator Tally. Well, I had let it slip 
my mind, so I, of course, eat up a bit of crow here. Cumberland County is such a 
growing area that we have had the opportunity to cut off a suburb called Beaverdam 
Township to be put in the District of another Senator. So Cumberland County is actu- 
ally represented by three good Senators. The third one is Senator R. C. Soles. I 
don't want Beaverdam to be left out. 

"On a more serious note, let me say to the people of Fayetteville, let me say to the 
three Senators from this District, to the Mayor, to the Chairman of the County Com- 
missioners, and to the Council for the Dogwood Festival, that you have been excellent 
hosts. We've had a good occasion to have this opportunity to come down and cele- 
brate with you on this two hundred years of the ratification of the Constitution of this 
United States. For the pageantry which you have shown and the pleasure we have had 
to be with you, let's all give them a hand, if you will. Thank you, Mr. President." 

On motion of Senator Barnes, seconded by Senator Guy, the Senate adjourns at 
11:16 A.M. to meet Monday, April 17, in the Senate Chamber, in the Legislative 
Building, in the City of Raleigh, North Carolina, at 7:00 P.M. 



April 13, 1989 



1989] SENATE JOURNAL 311 

FIFTY-FIFTH DAY 

Senate Chamber, 
Monday, April 17, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Lord of our lives, as the gavel of the Senate President has sounded, once again, 
calling us to order, so we bless Thee for Thy Spirit's knocking at our heart's door, 
alerting us to Thy waiting Presence. 

"Thou Art the God Who has granted us the great and mysterious opportunities of 
our lives. They were Thine to give, and Thine also to curtail. We do not own the 
chairs in which we sit within this chamber; therefore, O Lord, grant us also the grace 
to make full use of our present privilege. Where deeds of ours can help to improve our 
State, let us be there! Where words of ours can cheer a despondent heart or brace a 
weak will, let us be there. For the time will come, soon enough, when we need not 
send to ask 'for whom the bell tolls' knowing that 'it tolls for Thee.' Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
April 13, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for tonight to Senator Cobb. 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

S.B. 200, an act to incorporate the Town of Sneads Ferry. (Ch. 57) 

H.B. 289, an act to extend to most community college buildings the review, super- 
vision, and inspection of architecture and engineering by the Department of Admini- 
stration. (Ch. 58) 

H.B. 307, an act to place a moratorium on annexations by the Town of Seven 
Devils within Watauga County. (Ch. 59) 

S.J.R. 839, a joint resolution honoring the lives of the many revolutionary patriots 
who died so that the colonies could be free to enact a constitution and bill of rights 
guaranteeing our basic freedoms and rights. (Res. 9) 

S.J.R. 867, a joint resolution memorializing the life and memory of Private First 
Class Bryant Homer Womack and urging the Department of the Army to establish a 
new medical center in Cumberland County in his honor. (Res. 10) 

H.J.R. 1047, a joint resolution honoring the life and memory of William 
Richardson Davie for his actions in establishing the University of North Carolina. 
(Res. 11) 

H.J.R. 1113, a joint resolution honoring the life and memory of Hubert Willis. 
(Res. 12) 

H.J.R. 1114, a joint resolution honoring the life and memory of Charles Edward 
"Charlie" Jones, Sr., "Mr. Democrat." (Res. 13) 



April 17, 1989 



312 SENATE JOURNAL [Session 

H.J.R. 1138, a joint resolution honoring Ezekial E. Smith. (Res. 14) 
H.J.R. 1140, a joint resolution honoring Henry Evans. (Res. 15) 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Chalk: 

S.B. 875, a bill to assure that students who have not demonstrated academic com- 
petencies sufficient to meet the demands of the next grade are not promoted. 
Referred to Education Committee. 

By Senator Harris: 

S.B. 876, a bill to clarify the intent of the prohibition against entering into certain 
contracts for construction and installation of any air-conditioning device prior to re- 
ceipt of a permit. 

Referred to State Government Committee. 

By Senator Murphy: 

S.B. 877, a bill to clarify the law regarding dual office holding. 

Referred to Election Laws Committee. 

By Senator Murphy: 

S.B. 878, a bill to provide for the regulation of athlete agents. 
Referred to Judiciary III Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senators Kaplan, Bryan, Guy, Parnell, Raynor, and Tally: 
S.B. 879, a bill to establish the Pawnbrokers Modernization Act. 
Referred to Banks and Thrift Institutions Committee. 

By Senator Harris: 

S.J.R. 880, a joint resolution authorizing the Legislative Research Commission to 
study the issues involved in the Emergency Medical Services Act of 1973. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Harris and Marvin: 

S.B. 881, a bill to appropriate funds to establish single portal of entry human serv- 
ice delivery system pilot projects in certain areas of the State. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senator Hunt of Durham: 

S.B. 882, a bill to exempt taxicabs from the requirements of the mandatory seat 
belt law. 

Referred to Transportation Committee. 

By Senator Sands: 

S.B. 883, a bill to provide that an employer shall pay the registration fees for 
guards licensed by the Private Protective Services Board. 
Referred to Small Business Committee. 

By Senator Block: 

S.B. 884, a bill to increase the fees payable to the Board of Opticians and to re- 
quire separate licensure examination for the dispensing of contact lenses. 
Referred to Finance Committee. 



April 17, 1989 



1989] SENATE JOURNAL 313 

By Senator Block: 

S.B. 885, a bill to outlaw recorded commercial obscene telephone communica- 
tions. 

Referred to Judiciary I Committee. 

By Senator Block: 

S.B. 886, a bill to permit debtors of judgment debtors to respond to court summons 
by verified answer to interrogatory. 

Referred to Judiciary III Committee. 

By Senator Block: 

S.J.R. 887, a joint resolution authorizing the Legislative Research Commission to 
study the issues relating to the Appropriate Treatment and Education Programs for 
children belonging to the class known as "Willie M.". 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senator Block: 

S.B. 888, a bill to amend the Declaratory Judgment Act to provide that a contro- 
versy between two insurance companies as to extent of liability in a pending action is a 
justiciable issue. 

Referred to Judiciary III Committee. 

By Senator Daniel: 

S.B. 889, a bill to provide for collection of property in decedents' estates by 
devisees and public administrators. 

Referred to Judiciary III Committee. 

By Senators Allran, Bryan, Carpenter, Conder, Hardin, Harris, Hunt of Moore, 
Johnson of Wake, Marvin, Shaw, Simpson, and Smith: 

S.B. 890, a bill to allow termination of parental rights after a parent has left a child 
in foster care for twelve months without making reasonable progress towards correcting 
the conditions that led to foster care. 

Referred to Children and Youth Committee. 

By Senators Allran, Ballance, Barker, Block, Bryan, Carpenter, Cochrane, Con- 
der, Daniel, Hardin, Harris, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Marvin, Murphy, Richardson, Sands, Shaw, Sherron, Simpson, Smith, and 
Taft: 

S.B. 891, a bill to create a commission to study tax incentives for business provid- 
ing child care options. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senators Murphy, Sands, Odom, and Allran: 
S.B. 892, a bill to provide for collegiate insignia registration plates. 
Referred to Higher Education Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senator Daniel: 

S.B. 893, a bill to conform the North Carolina generation skipping transfer tax to 
the Internal Revenue Code. 

Referred to Finance Committee. 

By Senator Daniel: 

S.B. 894, a bill to eliminate double taxation of income in respect of a decedent. 

Referred to Finance Committee. 



April 17, 1989 



314 SENATE JOURNAL [Session 

By Senator Daniel: 

S.B. 895, a bill to clarify the enforceability of voluntary assignment of proceeds of 
personal injury recoveries for related medical services. 
Referred to Judiciary I Committee. 

By Senator Daniel: 

S.B. 896, a bill to include fire sprinkler contractors under the licensure require- 
ments of the State Board of Examiners of plumbing and heating contractors; and to 
change the composition of the Board. 

Referred to State Government Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senator Ezzell: 

S.B. 897, a bill to allow clerks of court to disqualify themselves. 

Referred to Judiciary III Committee. 

By Senator Ezzell: 

S.B. 898, a bill to authorize assistant and deputy clerks of court to act in another 
county. 

Referred to Judiciary III Committee. 

By Senator Ezzell: 

S.B. 899, a bill to clarify the payment of costs in some small estates. 

Referred to Judiciary III Committee. 

By Senator Ezzell: 

S.B. 900, a bill to make it explicit that a summons shall be returned to the clerk 
who issued it immediately after it has been served. 
Referred to Judiciary III Committee. 

By Senators Ezzell and Bryan: 

S.B. 901, a bill to exempt seasonal recreational programs from day care regulation. 

Referred to Children and Youth Committee. 

By Senator Johnson of Wake: 

S.B. 902, a bill to amend Chapter 31B of the General Statutes regarding renuncia- 
tion of property and renunciation of fiduciary powers. 
Referred to Judiciary III Committee. 

By Senator Odom: 

S.B. 903, a bill to provide that an employee is not disqualified for unemployment 
benefits when the employer files for bankruptcy. 

Referred to Manufacturing and Labor Committee. 

By Senator Odom: 

S.B. 904, a bill to appropriate funds for the Goodwill Group Homes in Mecklenburg 
County. 

Referred to Appropriations Committee. 

By Senator Odom: 

S.B. 905, a bill to require the Employment Security Commission to provide an em- 
ployer monthly reports of the employer's account when the employer submits a written 
request. 

Referred to Manufacturing and Labor Committee. 

By Senators Chalk and Carpenter: 

S.B. 906, a bill to provide that the General Assembly may amend the Criminal 
Statutes of North Carolina. 

Referred to Rules and Operation of the Senate Committee. 



April 17, 1989 



1989] SENATE JOURNAL 315 

By Senators Kincaid, Sands, and Simpson: 

S.B. 907, a bill to appropriate funds to develop a Growth Management Plan for 
Avery County that can be used as a planning model for other mountain counties. 
Referred to Appropriations Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 127, a bill to require the University of North Carolina to study the efficient 
use of University system printing facilities. 

Referred to Higher Education Committee. 

H.B. 201 (Committee Substitute), a bill to require that the Department of Human 
Resources establish and maintain the capability to provide necessary data regarding 
long-term care facilities. 

Referred to Human Resources Committee. 

H.B. 344 (Committee Substitute), a bill to amend the automatic recount law so 
that candidates other than the "next highest" candidate may call for a recount if they 
received votes within the statutory range from victory, so that no recount is required in 
a statewide race if the petitioner is less than the lesser of one-half percent or ten thou- 
sand votes behind and so that a multi-county candidate must request a recount eight 
days after the election. 

Referred to Election Laws Committee. 

H.B. 347 (Committee Substitute), a bill to permit boards of elections to place no- 
tices on broadcast stations in addition to placing them in newspapers. 
Referred to Election Laws Committee. 

H.B. 527, a bill to authorize the Coroner of Bladen County to order autopsies to be 
performed and to complete the medical certification of death with respect to deaths 
within their jurisdictions. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 998, a bill to permit the Legislative Services Commission to have an optional 
system for purchasing data processing and data communications equipment, supplies, 
and services. 

Referred to State Government Committee. 



CALENDAR 

Bills and resolutions on the Calendar, carried forward as unfinished business from 
Wednesday, April 12, are taken up and disposed of as follows: 

S.B. 548 (Committee Substitute), a bill to amend the collection agency laws. 
The Committee Substitute bill passes its second reading (40-0). 
Senator Taft objects to the third reading of the bill. 

The Committee Substitute bill remains on the Calendar for tomorrow, April 18, for 
further consideration upon third reading. 

H.J.R. 803, a joint resolution setting the date for the House of Representatives and 
Senate to elect members to the State Board of Community Colleges. 

The joint resolution passes its second (42-0) and third readings and is ordered en- 
rolled. 



April 17, 1989 



316 SENATE JOURNAL [Session 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Harris for the Human Resources Committee: 

S.B. 423, a bill to provide for confidentiality of the proceedings of quality assurance 
committees in mental health, mental retardation, and substance abuse facilities, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Harris, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Harris, the Committee Substitute bill is placed on the Calen- 
dar for Tuesday, April 18. 

CALENDAR (Continued) 
Bills and Resolutions on today's Calendar are taken up and disposed of as follows: 

S.B. 556, a bill to amend the Charter of the City of Rocky Mount to provide for an 
alternative eminent domain procedure, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Bryan, Car- 
penter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Har- 
ris, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Mar- 
tin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, and Winner— 44. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 611, a bill authorizing Cabarrus County to levy a room occupancy and tourism 
development tax and establishing a Cabarrus County Tourism Authority, upon third 
reading. 

The bill passes its third reading by roll-call vote, ayes 43, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Bryan, Car- 
penter, Chalk, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Walker, Ward, and Winner— 43. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 439, a bill to allow the Town of Richfield to collect utility bills as if they were 
taxes due the Town, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Bryan, Car- 
penter, Chalk, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Ward, and Winner — 41. 

Voting in the negative: None. 



April 17, 1989 






1989] SENATE JOURNAL 317 

The bill remains on the Calendar for tomorrow, April 18, for further consideration 
upon third reading. 

S.B. 454, a bill to provide for an election in the northeasternmost part of Dare 
County on the question of establishing an Outer Banks Beautification District and to 
provide for the levy and collection of property taxes in this District, upon second read- 
ing. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative : Senators Allran, Ballance, Barker, Barnes, Bryan, Car- 
penter, Chalk, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Ward, and Winner — 41. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, April 18, for further consideration 
upon third reading. 

S.B. 656, a bill to provide that upon merger of local school administrative units in a 
county, the Board of County Commissioners may levy and collect a supplemental 
school tax without voter approval in the geographic area encompassed by the new 
school administrative unit resulting from the merger, upon second reading. 

On motion of Senator Rauch, Committee Amendment No. 1 is adopted (45-0). 

The bill, as amended, passes its second reading by roll-call vote, ayes 41, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Bryan, Car- 
penter, Chalk, Conder, Daniel, Daughtry, Goldston, Guy, Hardin, Harris, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, 
Martin of Guilford, Marvin, Murphy, Parnell, Plyler, Rauch, Raynor, Richardson, 
Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, Taft, Tally, 
Ward, and Winner — 41. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow, April 18, for further 
consideration upon third reading. 

S.B. 193 (Committee Substitute), a bill to exempt the Town of Fairmont from cer- 
tain zoning notice requirements. 

The Committee Substitute bill passes its second and third readings and is ordered 
sent to the House of Representatives. 

S.B. 206, a bill to change the jurisdiction of the Monroe ABC Law Enforcement 
officer. 

On motion of Senator Ballance, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 479 (Committee Substitute), a bill to exempt the City of Wilson from certain 
zoning notice requirements. 

The Committee Substitute bill passes its second and third readings and is ordered 
sent to the House of Representatives. 

S.B. 555 (Committee Substitute), a bill to exempt the City of Rocky Mount from 
certain zoning notice requirements. 

The Committee Substitute bill passes its second and third readings and is ordered 
sent to the House of Representatives. 



April 17, 1989 



318 SENATE JOURNAL [Session 

S.B. 652 (Committee Substitute), a bill to allow the City of States ville to convey 
certain property at private sale. 

The Committee Substitute bill passes its second and third readings and is ordered 
sent to the House of Representatives. 

S.B. 653, a bill to allow Polk County to convey to Steps to Hope, Inc., a nonprofit 
corporation, certain real estate at private sale. 

Without objection, on motion of Senator Carpenter, the bill is temporarily dis- 
placed. 

H.B. 121, a bill to amend the Charter of the City of Charlotte with respect to the 
execution of contracts. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered sent to the 
House of Representatives for concurrence in Senate Amendment No. 1. 

H.B. 222, a bill to allow Pasquotank County additional flexibility to fund public 
school construction. 

The bill passes its second and third readings and is ordered enrolled. 

H.B. 225 (Senate Committee Substitute), a bill to modify the qualifications for 
appointment and the terms of the trustees for Albemarle Hospital in Pasquotank 
County. 

The Senate Committee Substitute bill passes its second and third readings and is 
ordered sent to the House of Representatives for concurrence in the Senate Committee 
Substitute bill. 

S.B. 653, a bill to allow Polk County to convey to Steps to Hope, Inc. , a nonprofit 
corporation, certain real estate at private sale, temporarily displaced earlier. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted. 

Senator Hunt of Moore offers Amendment No. 2, held to be material, which is 
adopted (46-0), constituting the first reading of the measure changing the title to read, 
S.B. 653, a bill to allow Polk County to convey to Steps to Hope, Inc., a nonprofit 
corporation, certain real estate at private sale and to allow the Village of Pinehurst to 
convey certain property at private sale. 

The bill, as amended, remains on the Calendar for tomorrow, April 18, for further 
consideration upon second reading. 

S.B. 595, a bill to provide that in filling a vacancy in the office of sheriff of 
Onslow, Gaston, and Lincoln Counties, the County Board of Commissioners must 
appoint the nominee of the Party Executive Committee of the vacating sheriff, for 
concurrence in House Amendment No. 1. 

Senator Guy moves that the Senate do not concur in House Amendment No. 1. 
The Senate fails to concur (4-41). Senator Guy further moves that conferees be ap- 
pointed, which motion prevails. 

A message is ordered sent to the House of Representatives informing that Honorable 
Body of such action. 

S.B. 466, a bill to authorize the Department of Administration to condemn property 
for railroad corridor preservation, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 46, noes 1, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Block, 
Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, 
Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 46. 



April 17, 1989 



1989] SENATE JOURNAL 319 

Voting in the negative: Senator Kincaid — 1. 

The bill, as amended, remains on the Calendar for tomorrow, April 18, for further 
consideration upon third reading. 

S.B. 557, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects of the constitu- 
ent institutions of the University of North Carolina, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Block, 
Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, Guy, Har- 
din, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Kaplan, Kin- 
caid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Rauch, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, and Winner— 44. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, April 18, for further consideration 
upon third reading. 

S.B. 770, a bill authorizing the acquisition, enlargement, improvement, operation 
and revenue bond financing of sanitary sewer and water systems within and without 
the corporate limits of a municipality, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Plyler, 
Rauch, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, April 18, for further consideration 
upon third reading. 

H.B. 107 (Committee Substitute), a bill to provide for specialized plates for recipi- 
ents of the Purple Heart Award, upon second reading. 

The Committee Substitute bill passes its second reading by roll-call vote, ayes 45, 
noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Block, 
Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Wake, Kaplan, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Plyler, Rauch, 
Raynor, Richardson, Royall, Sands, Shaw, Sherron, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, and Winner— 45. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for tomorrow, April 18, for 
further consideration upon third reading. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolution properly enrolled, and it is duly 
ratified and sent to the office of the Secretary of State: 

H.J.R. 803, a joint resolution setting the date for the House of Representatives and 
Senate to elect members to the State Board of Community Colleges. (Res. 16) 

CALENDAR (Continued) 

S.B. 5 (Committee Substitute), a bill to prohibit the affixing to a motor vehicle of 
any sticker, decal, emblem, drawing, photograph, painting, or other device containing 



April 17, 1989 



320 SENATE JOURNAL [Session 

indecent words describing sexual acts, excretory functions, or parts of the human 
body, or a visual depiction which is harmful to minors. 

On motion of Senator Sands, Committee Amendment No. 1 is adopted (49-0). 

Senator Plyler calls the previous question, seconded by Senator Rauch. The call is 
sustained. 

The Committee Substitute bill, as amended, passes its second (44-5) and third 
(44-5) readings and is ordered engrossed and sent to the House of Representatives. 

S.B. 291, a bill to transfer the Divisions of Community Assistance and Economic 
Opportunity from the Department of Natural Resources and Community Development 
to the Department of Commerce, to direct the Secretary of Commerce to establish a 
Division of Housing, and to establish a toll-free telephone number for housing assis- 
tance information in that Division. 

On motion of Senator Sherron, Committee Amendment No. 1 is adopted (44-0), 
changing the title to read, S.B. 291, a bill to transfer the Divisions of Community 
Assistance and Economic Opportunity from the Department of Natural Resources and 
Community Development to the Department of Commerce, to direct the Secretary of 
Commerce to establish the functions of Community Development and Housing, and to 
establish a toll-free telephone number for housing assistance information in that Divi- 
sion. 

Senator Sherron offers Amendment No. 2 which is adopted (45-0) and on his 
motion is re-referred to the Appropriations Committee. 

Pursuant to Rule 45.1, the bill, as amended, is ordered engrossed . 

S.B. 344 (Committee Substitute), a bill to mandate comprehensive health educa- 
tion in the public schools and to include in that curriculum family life education, preg- 
nancy prevention education, and reproductive health education. 

On motion of Senator Martin of Guilford, further consideration of the Committee 
Substitute bill is postponed until Wednesday, April 19. 

S.B. 358 (Committee Substitute), a bill to extend the time period for the return of 
purchaser's payments under the Time Share Act. 

The Committee Substitute bill passes its second (44-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 424, a bill to amend the mental health, mental retardation, and substance 
abuse confidentiality laws. 

On motion of Senator Harris, Committee Amendment No. 1 is adopted (41-0). 

The bill, as amended, passes its second (45-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

The President recognizes the following pages serving in the Senate this week: 

Meleah L. Barnhill, Bethel; Cher Beal, Maiden; April Blackwell, Pelham; Stacey 
Bushnell, Yanceyville; Vanessa Elayne Campbell, Raeford; Kimberly Joanna Church, 
Wilkesboro; Amy Dawn Dale, Wake Forest; Shannon Flynn, Rockingham; Shannon 
L. Forrey, Jacksonville; Susan Griffin, Greenville; Anna Marie Gross, Weldon; Amy 
Elizabeth Gunter, Whittier; Jimmie Lamont Harris, Roanoke Rapids; Kelly Ann 
Hodge, Salisbury; Matthew Lewis Jennings, Eden; John Matthew Lawrence, 
Mebane; Michael Patrick Martin, Asheville; Kenneth Ray Midgett, Wanchese; Dez- 
mona J. Mizelle, Raleigh; Carla Parris, Pelham; Susan Carol Ragland, Clayton; 
Anna Harmon Sands, Reidsville; Alexia Watlington, Yanceyville; and Joel Taylor 
York, Asheville. 



April 17, 1989 



1989] SENATE JOURNAL 321 

CALENDAR (Continued) 

S.B. 460, a bill to continue the present highway contract clauses in highway con- 
struction contracts made necessary by federal legislation. 

The bill passes its second (44-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 501 (Committee Substitute), a bill to amend the Postassessment Insurance 
Guaranty Association Act. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 524 (Committee Substitute), a bill to include additional controlled substances 
in the controlled substances schedules. 

The Committee Substitute bill passes its second (46-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 759, a bill to increase the amount of liquor a person may purchase and pos- 
sess without a permit. 

On motion of Senator Ballance, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (36-7) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 116, a bill to establish the North Carolina Register of Historic Places. 
The bill passes its second (46-0) and third readings and is ordered enrolled. 

APPOINTMENT OF SENATE CONFEREES 

Senator Barnes submits appointments of conferees as follows: 

S.B. 595, a bill to provide that in filling a vacancy in the office of sheriff of 
Onslow, Gaston, and Lincoln Counties, the County Board of Commissioners must 
appoint the nominee of the Party Executive Committee of the vacating sheriff. 

The President Pro Tempore appoints Senators Guy ( Chairman), Rauch, and Harris 
as conferees on the part of the Senate to resolve the differences arising between the 
two Bodies, and a message is ordered sent to the House of Representatives informing 
that Honorable Body of such action and requesting conferees. 

S.B. 142, a bill to amend the membership requirements for the Board of Governors 
of the North Carolina Motor Vehicle Reinsurance Facility. 

The President Pro Tempore appoints Senators Parnell (Chairman), Speed, Daniel, 
Richardson, and Smith as conferees on the part of the Senate to resolve the differences 
arising between the two Bodies, and a message is ordered sent to the House of Repre- 
sentatives informing that Honorable Body of such action and requesting conferees. 

REMOVAL OF ENDORSEMENTS 

S.B. 343, a bill to create the Adolescent Pregnancy Prevention Commission and to 
provide for distributing money to adolescent pregnancy prevention projects. 

By unanimous consent Senator Carpenter and Senator Hardin are allowed to remove 
their names as sponsors of S.B. 343. 

On motion of Senator Barnes, seconded by Senator Bryan, the Senate adjourns at 
8:52 P.M. to meet tomorrow, April 18, at 1:30 P.M. 



April 17, 1989 



322 SENATE JOURNAL [Session 

FIFTY-SIXTH DAY 

Senate Chamber, 
Tuesday, April 18, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"Our Father, out of the abundance of Thy gracious heart, grant to us a humble 
heart, an honest heart, a heart with great room in it, room enough to enjoy the pleas- 
ant company of privileged persons with gifts and graces; room enough to feel the pain- 
ful plight of the disadvantaged whose hopes lie buried somewhere amid broken bottles 
and crushed glass. 

"And give to all of us, O God, a heart wise enough, courageous enough, to pull the 
levers upon which our hands are placed for the good of the powerless poor, and for the 
glory of the God Who made us all. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
April 17, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Plyler. (Senator Plyler 
is noted present for a portion of today's Session). 

ENROLLED BILLS 

The Enrolling Clerk reports the following bills and resolutions properly enrolled, and 
they are duly ratified and sent to the office of the Secretary of State: 

H.B. 116, an act to establish the North Carolina Register of Historic Places. 
(Ch. 60) 

H.B. 222, an act to allow Pasquotank County additional flexibility to fund public 
school construction. (Ch. 61) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Speed for the Agriculture Committee: 

S.B. 702, a bill to increase the amount of the assessment that can be levied for the 
promotion of the sale and use of tobacco and to clarify other provisions relating to 
tobacco assessments, with a favorable report. 

On motion of Senator Speed, the bill is re-referred to the Finance Committee. 

By Senator Daniel for the Manufacturing and Labor Committee: 

S.B. 631, a bill to consolidate the regulation of migrant housing within the Depart- 
ment of Labor and to establish standards and enforcement provisions for the regula- 
tion of migrant housing, with a favorable report, as amended. 

On motion of Senator Daniel, the rules are suspended, and the bill is placed at the 
end of today's Calendar. 



April 18, 1989 



1989] SENATE JOURNAL 323 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 547, a bill to prohibit making unneeded ambulance calls in Caswell County, 
with a favorable report. 

S.B. 607, a bill to allow the City of Asheville and Buncombe County to jointly 
create the Asheville-Buncombe Fair Housing Commission, with a favorable report. 

S.B. 615, a bill to amend the Charter of the City of Wilson to provide for an alter- 
native eminent domain procedure, with a favorable report. 

S.B. 620, a bill authorizing Catawba County to assist thoroughfare plan implemen- 
tation, with a favorable report. 

S.B. 637, a bill to validate certain land taking in the Town of Taylorsville, Alexan- 
der County, with a favorable report. 

S.B. 214 a bill to exempt the Town of Warsaw from certain zoning notice require- 
ments, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, April 19. 

S.B. 442 a bill to exempt the Town of Rose Hill from certain zoning notice require- 
ments, with an unfavorable report as to bill, but favorable as to Committee Substitute 
bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, April 19. 

S.B. 666 a bill to amend the laws in Catawba County, with an unfavorable report 
as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calen- 
dar for Thursday, April 20. 



INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Bryan: 

S.B. 908, a bill to revise the fee schedules for the Private Protective Services Board 
and Alarm Systems Licensing Board. 
Referred to Finance Committee. 

By Senator Sands: 

S.B. 909, a bill to place certain conditions upon North Carolina remaining a mem- 
ber of the Southeast Interstate Low-level Radioactive Waste Management Compact. 
Referred to Environment and Natural Resources Committee. 



April 18, 1989 



324 SENATE JOURNAL [Session 

By Senators Hunt of Moore and Walker: 

S.J.R. 910, a joint resolution honoring the memories of Milton J. Rosenau, Ed- 
ward G. McGavran, W. Fred Mayes, and Bernard G. Greenberg, former Deans of the 
School of Public Health at the University of North Carolina at Chapel Hill on the 
School's Fiftieth Anniversary. 

On motion of Senator Hunt of Moore, the joint resolution is placed on the Calendar 
for tomorrow, April 19. 

By Senators Hunt of Moore, Sherron, Sands, and Daniel: 

S.B. 911, a bill to amend the North Carolina Employment and Training Act of 
1985. 
Referred to Manufacturing and Labor Committee. 

By Senator Carpenter: 

S.B. 912, a bill to appropriate funds for the capital construction project at Isother- 
mal Community College. 

Referred to Appropriations Committee. 

By Senator Basnight: 

S.B. 913, a bill to increase the fee for vanity motor vehicle registration plates and 
to provide for the disbursement of the additional revenues derived. 

Referred to Finance Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senator Block: 

S.B. 914, a bill to authorize magistrates to issue ex parte orders in certain cases. 

Referred to Judiciary II Committee. 

By Senator Block: 

S.B. 915, a bill to amend the Declaratory Judgment Act to provide that a contro- 
versy between two insurance companies as to extent of liability in a pending action is a 
justiciable issue. 

Referred to Judiciary III Committee. 

By Senator Block: 

S.B. 916, a bill to provide that upon recommendation of the sentencing judge an 
inmate may perform community service on a full-time basis and receive credit at the 
rate of one day deducted from his prison or jail term for each eight hours of such 
service. 

Referred to Judiciary I Committee. 

By Senator Block: 

S.B. 917, a bill to require the Department of Human Resources to adopt rules regu- 
lating the treatment and disposal of waste from portable toilets. 
Referred to Human Resources Committee. 

By Senator Johnson of Wake: 

S.B. 918, a bill to declare private nonprofit child placing agencies and child-care 
facilities eligible to purchase under State contract. 
Referred to State Government Committee. 

By Senators Carpenter and Hardin: 

S.B. 919, a bill to appropriate funds to Industrial Opportunities, Inc., for the con- 
struction of a new metal building and production facility. 
Referred to Appropriations Committee. 

By Senators Carpenter and Richardson: 

S.B. 920, a bill to appropriate funds for the construction of a mental health, mental 
retardation, and substance abuse center in Macon County. 
Referred to Appropriations Committee. 



April 18, 1989 



1989] SENATE JOURNAL 325 

By Senators Taft, Johnson of Wake, and Kaplan: 

S.B. 921, a bill to deem physicians who provide obstetrical or child care services 
through the State and local health departments for substantially reduced or no com- 
pensation as State employees under the Tort Claims Act, and to increase the maxi- 
mum amount of damages awardable. 

Referred to Judiciary II Committee. 

By Senators Martin of Guilford and Chalk: 

S.B. 922, a bill to appropriate funds for the North Carolina Shakespeare Festival. 

Referred to Appropriations Committee. 

By Senator Ballance: 

S.B. 923, a bill to extend the definition of second degree murder to include causing 
the death of a viable fetus. 

Referred to Judiciary I Committee. 

By Senator Ballance: 

S.B. 924, a bill to provide maximum fees that may be charged by financial institu- 
tions and merchants for returned checks, to levy a tax on the processing of returned 
checks, and to provide that the proceeds of the tax shall be used for public school 
building capital costs. 

Referred to Small Business Committee and upon a favorable report re-referred 
to Finance Committee. 

By Senator Ballance: 

S.B. 925, a bill to require a University of North Carolina study of the need for and 
the feasibility of distributing certain profits from athletic events among the sixteen con- 
stituent institutions. 

Referred to Higher Education Committee. 

By Senators Odom and Johnson of Wake: 

S.B. 926, a bill to appropriate funds for the Florence Crittenton Home. 

Referred to Appropriations Committee. 

By Senators Hunt of Durham, Ballance, Richardson, and Martin of Guilford: 
S.B. 927, a bill to provide opportunities to participate in State procurement con- 
tracts to minority business enterprises. 

Referred to Small Business Committee. 

By Senators Smith and Rauch: 

S.B. 928, a bill to establish regulatory fees for public utilities to defray the cost to 
the Utilities Commission and the public staff of regulating public utilities in the interest 
of the public. 

Referred to Finance Committee and upon a favorable report re-referred to 
Appropriations Committee. 

By Senators Martin of Pitt and Ezzell: 

S.B. 929, a bill to appropriate funds to the Antique Village of Wilson County. 

Referred to Appropriations Committee. 

By Senators Martin of Pitt and Ezzell: 

S.B. 930, a bill to appropriate funds for a new fire station for the Whitakers Volun- 
teer Fire Department. 

Referred to Appropriations Committee. 

By Senators Conder, Allran, Ballance, Barker, Block, Bryan, Carpenter, Chalk, 
Cochrane, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, Harris, Hunt of Dur- 
ham, Hunt of Moore, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of 



April 18, 1989 



326 SENATE JOURNAL [Session 

Guilford, Marvin, Murphy, Odom, Plyler, Rauch, Raynor, Richardson, Sands, 
Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Tally, Walker, and Ward: 

S.B. 931, a bill to appropriate funds to aid public libraries. 

Referred to Appropriations Committee. 



WITHDRAWAL FROM COMMITTEE 

S.B. 64, a bill to amend the law regarding retirement as it applies to the Charlotte/ 
Mecklenburg Public Broadcasting Authority. 

On motion of Senator Royall, the rules are suspended and the bill is taken from the 
Appropriations Committee and is placed on the Calendar for today, April 18, in 
its regular order of business. 



ELECTION OF MEMBERS TO THE 
STATE BOARD OF COMMUNITY COLLEGES 

Pursuant to Resolution 16 of the 1989 Session Laws, Senator Murphy, Chairman of 
the Higher Education Committee, submits the following report: 

The Committee on Higher Education of the Senate, pursuant to G.S. 
115D-2.1(b)(4)f. , recommends the following persons for election by the Senate to the 
State Board of Community Colleges. Each of these persons is, in the opinion of the 
Committee, legally qualified for the position to which he is recommended and has 
stated that he would serve if elected. 

For one member to be elected by the Senate for a six year term beginning July 1 , 
1989, the Committee recommends: 

Wendell Lovingood 
James J. Woody, Jr. 

Respectfully submitted, 
S/Wendell H. Murphy, Chairman 
Senate Committee on Higher Education 

Pursuant to G.S. 115D-2.1, the President announces that no further nominations 
shall be accepted. Senator Murphy, assisted by Senator Royall and Senator Cobb, 
Vice-Chairmen of the Higher Education Committee, proceed to distribute the 
ballots to the members of the Senate. 

The President of the Senate directs the members to mark and sign the ballot. The 
President directs Senators Murphy, Royall, and Cobb to collect the ballots and excuses 
them to tabulate the results. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 439, a bill to allow the Town of Richfield to collect utility bills as if they were 
taxes due the Town, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ez- 
zell, Goldston, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabar- 
rus, Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Marvin, Murphy, Odom, 



April 18, 1989 



1989] SENATE JOURNAL 327 

Parnell, Rauch, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Staton, Swain, Tally, Walker, Ward, and Winner— 44. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 454, a bill to provide for an election in the northeasternmost part of Dare 
County on the question of establishing an Outer Banks Beautification District and to 
provide for the levy and collection of property taxes in this District, upon third read- 
ing. 

The bill passes its third reading by roll-call vote, ayes 40, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Conder, Daniel, Daughtry, Ezzell, Goldston, Har- 
din, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Marvin, Odom, Parnell, Rauch, Richardson, 
Sands, Shaw, Sherron, Simpson, Smith, Soles, Staton, Swain, Tally, Walker, Ward, 
and Winner— 40. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 656, a bill to provide that upon merger of local school administrative units in a 
county, the Board of County Commissioners may levy and collect a supplemental 
school tax without voter approval in the geographic area encompassed by the new 
school administrative unit resulting from the merger, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 40, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Goldston, 
Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Marvin, Odom, Parnell, Rauch, Richardson, 
Sands, Shaw, Sherron, Simpson, Smith, Soles, Staton, Swain, Tally, Walker, Ward, 
and Winner — 40. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 653, a bill to allow Polk County to convey to Steps to Hope, Inc., a nonprofit 
corporation, certain real estate at private sale and to allow the Village of Pinehurst to 
convey certain property at private sale, as amended, upon second reading. 

The bill, as amended, passes its second reading by roll-call vote, ayes 44, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Marvin, Odom, Parnell, Rauch, 
Raynor, Richardson, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, and Winner— 44. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for tomorrow, April 19, for further 
consideration upon third reading. 

S.B. 466, a bill to authorize the Department of Administration to condemn property 
for railroad corridor preservation, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 43, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 



April 18, 1989 



328 SENATE JOURNAL [Session 

Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Marvin, Odom, Rauch, Raynor, 
Richardson, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, 
Taft, Tally, Walker, Ward, and Winner— 43. 

Voting in the negative: None. 

The bill, as amended, is ordered sent to the House of Representatives. 

S.B. 557, a bill to authorize the construction and the financing, without appropria- 
tions from the General Fund, of certain capital improvements projects of the constitu- 
ent institutions of the University of North Carolina, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cochrane, Daniel, Daughtry, Ezzell, Goldston, Hardin, 
Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Kaplan, Kincaid, 
Martin of Pitt, Marvin, Odom, Parnell, Rauch, Raynor, Richardson, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
and Winner — 41. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 770, a bill authorizing the acquisition, enlargement, improvement, operation 
and revenue bond financing of sanitary sewer and water systems within and without 
the corporate limits of a municipality, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 41, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cochrane, Daughtry, Ezzell, Goldston, Hardin, 
Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Kaplan, Kincaid, 
Martin of Pitt, Marvin, Odom, Parnell, Rauch, Raynor, Richardson, Sands, Shaw, 
Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, 
and Winner — 41. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

H.B. 107 (Committee Substitute), a bill to provide for specialized plates for recipi- 
ents of the Purple Heart Award, upon third reading. 

Senator Harris offers Amendment No. 1, held to be material, which is adopted, 
(47-0) constituting the first reading of the measure. 

The Committee Substitute bill, as amended, remains on the Calendar for tomorrow, 
April 19, for further consideration upon second reading. 

S.B. 64, a bill to amend the law regarding retirement as it applies to the Charlotte/ 
Mecklenburg Public Broadcasting Authority. 

The bill passes its second reading (47-1). 

Senator Rauch objects to the third reading of the bill. 

The bill remains on the Calendar for tomorrow, April 19, for further consideration 
upon third reading. 

S.B. 423 (Committee Substitute), a bill to provide for confidentiality of the pro- 
ceedings of quality assurance committees in mental health, mental retardation, and 
substance abuse facilities. 

The Committee Substitute bill passes its second (48-0) and third readings and is 
ordered sent to the House of Representatives. 

S.B. 548 (Committee Substitute), a bill to amend the collection agency laws, upon 
third reading. 

The Committee Substitute bill passes its third reading (47-0) and is ordered sent to 
the House of Representatives. 



April 18, 1989 



1989] SENATE JOURNAL 329 

S.B. 631, a bill to consolidate the regulation of migrant housing within the Depart- 
ment of Labor and to establish standards and enforcement provisions for the regula- 
tion of migrant housing. 

On motion of Senator Royall, Committee Amendment No. 1 is adopted (46-0). 

Senator Daniel offers Amendment No. 2 which is adopted (47-0). 

The bill, as amended, passes its second (48-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

Senator Rauch withdraws his objection to the third reading of S.B. 64, a bill to 
amend the law regarding retirement as it applies to the Charlotte/Mecklenburg Public 
Broadcasting Authority, as amended. 

On his motion, the bill is withdrawn from the Calendar of tomorrow, April 19, and 
is placed before the Senate for further consideration upon third reading. 

The bill passes its third reading (47-1) and is ordered sent to the House of Repre- 
sentatives. 

ELECTION OF MEMBERS TO THE 
STATE BOARD OF COMMUNITY COLLEGES 

The President recognizes Senator Murphy who announces that the ballots have been 
tabulated and that James J. Woody, Jr., has been nominated to serve on the State 
Board of Community Colleges. 

Senator Murphy offers a motion that the Senate elect James J. Woody, Jr., to the 
State Board of Community Colleges for a six-year term beginning July 1, 1989, to 
expire June 30, 1995, which motion prevails, ayes 46, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, 
Odom, Parnell, Plyler, Rauch, Richardson, Royall, Sands, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 46. 

Voting in the negative: None. 

Receiving a majority vote, the Chair declares Mr. James J. Woody, Jr. , duly elected 
by the Senate to the State Board of Community Colleges and orders a message sent to 
the House of Representatives informing that Honorable Body of such action. 

The President extends courtesies of the gallery to James J. Woody, Jr., the newly- 
elected Member of the State Board of Community Colleges, and to his family. 

On motion of Senator Barnes, seconded by Senator Johnson of Cabarrus, the Sen- 
ate adjourns at 2:28 P.M. to meet tomorrow, April 19, at 1:30 P.M. 



FIFTY-SEVENTH DAY 

Senate Chamber, 
Wednesday, April 19, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 



April 19, 1989 



330 SENATE JOURNAL [Session 

"O Thou, Who made all things, and Who loves all Thy hands have made. 

"Give to us a strong heart to bear our own burdens; a willing heart to bear the 
burdens of others; and a believing, trusting heart to cast all burdens upon Thee. 
Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
April 18, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants a leave of absence for today to Senator Rauch. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

S.B. 508, an act to amend the requirements for registration as a licensed architect. 
(Ch. 62) 

H.B. 342, an act to restrict the Department of Transportation from cutting down 
trees except in certain situations. (Ch. 63) 



REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Harris for the Human Resources Committee: 

S.J.R. 267, a Senate joint resolution adopting the Comprehensive Long-Range 
Plan for adults with severe and persistent mental illness as policy guidance for the 
development of services, with a favorable report. 

S.B. 415, a bill to transfer rulemaking authority for public health nutrition pro- 
grams from the Department of Human Resources to the Commission for Health Serv- 
ices, with a favorable report. 

S.B. 516, a bill to grant subrogation rights and penalties for withholding informa- 
tion to the Department of Human Resources, Division of Vocational Rehabilitation, 
with a favorable report. 

S.B. 790, a bill to amend the law regarding public bidding to exempt public hospi- 
tals from certain requirements, with a favorable report. 

S.B. 804, a bill to amend the practicing Psychologists Licensure Act to permit 
licensure as a psychological associate, with a favorable report, as amended. 

H.B. 141, a bill to require the Department of Human Resources to develop a social 
services plan to ensure the uniform availability of core social services and public assis- 
tance programs to the citizens of North Carolina, with an unfavorable report as to bill, 
but favorable as to Senate Committee Substitute bill. 

On motion of Senator Harris, the rules are suspended, and the Senate Committee 
Substitute bill is placed before the Senate for immediate consideration and on his fur- 
ther motion the Committee Substitute bill is adopted. 

On motion of Senator Harris, the Senate Committee Substitute bill is placed on the 
Calendar for Monday, April 24. 



April 19, 1989 



1989] SENATE JOURNAL 331 

By Senator Richardson for the Children and Youth Committee: 

H.B. 250 (Committee Substitute), a bill to clarify the definition of neglected child 
within the juvenile jurisdiction of the District Court, with a favorable report. 

S.B. 455, a bill to amend the law regarding the age of children with special needs, 
with a favorable report. 

On motion of Senator Richardson, the bill is re-referred to the Appropriations 
Committee. 

S.B. 777, a bill to improve the efficiency of the Child Support Enforcement Pro- 
gram by repealing the cost recovery provisions regarding child support services, with a 
favorable report. 

On motion of Senator Richardson, the bill is re-referred to the Finance Commit- 
tee. 

S.B. 473, a bill to reduce the number of hours of secure custody for a juvenile 
alleged to be undisciplined by virtue of being a runaway and a juvenile alleged to be 
undisciplined who willfully fails to appear in court after proper notice, with a favorable 
report. 

On motion of Senator Richardson, the bill is re-referred to the Judiciary II Com- 
mittee. 

By Senator Swain for the Judiciary I Committee: 

S.B. 458, a bill to amend the law concerning alarm systems, with a favorable re- 
port, as amended. 

On motion of Senator Swain, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

On motion of Senator Swain, the bill, as amended, is ordered engrossed and re- 
referred to the Finance Committee. 

S.B. 528, a bill to require a statement listing the devisees or heirs of real property 
as recommended by the General Statutes Commission, with an unfavorable report. 

By Senator Goldston, Vice-Chairman, for Senator Rauch for the Finance Com- 
mittee: 

S.B. 552, a bill to repeal the sunset date applicable to insurance premium taxes, 
with a favorable report. 

S.B. 684, a bill to clarify the applicability of jail fees, with a favorable report. 

S.B. 731, a bill to define muscular dystrophy for tax purposes, with a favorable 
report. 

S.B. 114, a bill to provide that a county landfill that is a public enterprise has 
conditional authority to charge a municipality located in that county a solid waste dis- 
posal fee, with a favorable report, as amended. 

S.B. 175, a bill to provide a grace period before the one hundred dollar penalty for 
failure to list a motor vehicle is due and to allow counties to compromise the penalty, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Goldston, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 175 (Committee Substitute), a bill to 
allow counties to compromise the one hundred dollar penalty for failure to list a motor 
vehicle and to clarify other provisions of G.S. 105-312 relating to the penalty, is 
placed before the Senate for immediate consideration. 

On motion of Senator Goldston, the Committee Substitute bill is adopted, and on 
his further motion is placed on the Calendar for Monday, April 24. 



April 19, 1989 



332 SENATE JOURNAL [Session 

S.B. 278 (Committee Substitute), a bill to revise animal welfare and control laws 
and create the Animal Welfare Act Enforcement Fund, with an unfavorable report as 
to Committee^ Substitute bill No. 1, but favorable as to Committee Substitute bill 
No. 2. 

On motion of Senator Goldston, the rules are suspended, and Committee Substitute 
bill No. 2 is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill No. 2 is adopted. 

On motion of Senator Goldston, the Committee Substitute bill No. 2 is placed on 
the Calendar for Monday, April 24. 

By Senator Winner for the Rules and Operation of the Senate Committee: 

S.B. 832, a bill to adopt the Plott Hound as the official State Dog, with a favorable 
report. 

S.B. 835, a bill to eliminate joint sessions for appointment or nomination of public 
officers, except as required by the Constitution, with a favorable report. 

On motion of Senator Winner, the bill is placed on the Calendar for Tuesday, 
April 25. 

H.B. 125, a bill to continue the Birth-Related Neurological Impairment Study 
Commission and provide that funds previously appropriated to the Commission shall 
remain available, with a favorable report. 

S.B. 857, a bill to confirm the status of the Utilities Commission, the Industrial 
Commission and the Office of Administrative Hearings as independent adjudicative 
agencies under Article III, Section 11, and Article IV, Section 3 of the Constitution, 
to provide for their administration, and to equalize the salaries, benefits and powers of 
administrative adjudicators, with an unfavorable report as to bill, but favorable as to 
Committee Substitute bill. 

On motion of Senator Winner, the rules are suspended, and the Committee Substi- 
tute bill, which changes the title to read, S.B. 857 (Committee Substitute), a bill to 
provide for confirmation of the appointment of the Chief Administrative Law Judge by 
each house of the General Assembly, is placed before the Senate for immediate con- 
sideration. 

On motion of Senator Winner, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for today, in its regular order of business. 

By Senator Hunt of Moore for the State Personnel Committee: 

S.B. 467, a bill to exempt employees of the North Carolina State Ports Authority 
from the State personnel system, with a favorable report. 

S.B. 724, a bill provide that a State employee who drives a State vehicle home 
incident to his employment and at the request of his employer shall receive the value of 
the commute as income, with a favorable report. 

On motion of Senator Hunt of Moore, the bill is re-referred to the Appropria- 
tions Committee. 

By Senator Sands for the Local Government and Regional Affairs 
Committee: 

S.B. 576, a bill to allow the Town of Wake Forest to impose facility fees, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calen- 
dar for tomorrow, April 20. 



April 19, 1989 



1989] SENATE JOURNAL 333 

S.B. 614, a bill to define the boundary lines of the Town of Lewiston-Woodville, 
with an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read, S.B. 614 (Committee Substitute), a bill to define 
the boundary lines of the Town of Lewiston Woodville, is placed before the Senate for 
immediate consideration. 

On motion of Senator Sands, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Finance Committee. 

By Senator Raynor for the Veterans Affairs, Law Enforcement, and Senior 
Citizens Committee: 

S.B. 826, a bill to authorize the disposition of confiscated deadly weapons to the 
North Carolina Justice Academy, with a favorable report. 

By Senator Goldston for the Transportation Committee: 

S.B. 540, a bill to amend load width and height exceptions to loads of tobacco 
transported on the highways, with a favorable report. 

S.B. 704, a bill to allow rental for Department of Transportation employees of 
uniforms that include day-glo orange shirts to be paid through payroll deduction, with 
a favorable report. 

S.B. 726, a bill to allow public auction dealers to sell motor vehicles with current 
inspection stickers, with a favorable report, as amended. 

On motion of Senator Goldston, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

On motion of Senator Goldston, the bill, as amended, is ordered engrossed and 
re-referred to the Finance Committee. 

By Senator Sherron for the State Government Committee: 

H.B. 180, a bill to make technical changes in the law regarding surveys of historic 
properties, with a favorable report. 

H.B. 221, a bill to allow one additional appointment to the Board of a soil and 
water conservation district when the district is composed of four or more counties, with 
a favorable report. 

By Senator Barker for the Marine Resources and Wildlife Committee: 

S.B. 551, a bill to clarify the scope of State guidelines that may be adopted under 
the Coastal Area Management Act, with a favorable report. 

S.B. 453, a bill to establish seasons for hunting foxes with firearms and bow and 
arrow and for trapping foxes in Burke County, with a favorable report, as amended. 

By Senator Ezzell for the Constitution Committee: 

S.B. 95, a bill to amend the Constitution of North Carolina to provide for four-year 
terms for members of the General Assembly, and to make conforming changes to 
other statutes, with a favorable report. 

On motion of Senator Ezzell, the bill is placed on the Calendar for Tuesday, 
April 25. 

H.B. 109, a bill ratifying the 24th Amendment to the Constitution of the United 
States of America, providing that the right to vote shall not be denied or abridged 
because of the failure to pay a poll tax, with a favorable report. 



April 19, 1989 



334 SENATE JOURNAL [Session 

S.B. 218, a bill to amend the North Carolina Constitution to provide for appoint- 
ment of justices and judges by the Governor, with the advice and consent of the Gen- 
eral Assembly, and to authorize the General Assembly to provide for a procedure to 
determine if judges so appointed should be retained in office, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Ezzell, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read, S.B. 218 (Committee Substitute), a bill to 
amend the North Carolina Constitution to provide for the appointment of appellate 
judges by the Governor, with the advice and consent of the General Assembly, to 
authorize the General Assembly to provide for similar appointments of trial judges, 
and to authorize the General Assembly to provide a procedure to determine if judges so 
appointed should be retained in office, is placed before the Senate for immediate con- 
sideration. 

On motion of Senator Ezzell, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Wednesday, April 26. 

S.B. 219, a bill to provide for appointment of judges by the Governor subject to the 
advice and consent of the General Assembly, to provide for the reconfirmation of sit- 
ting judges by the General Assembly and to provide for transitional and other provi- 
sions necessary to move from an elective to an appointive system, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Ezzell, the rules are suspended, and the Committee Substitute 
bill, which changes the title to read, S.B. 219 (Committee Substitute), a bill to pro- 
vide for appointment of appellate judges by the Governor subject to the advice and 
consent of the General Assembly, to provide for the reconfirmation of sitting judges by 
the General Assembly, and to provide for transitional and other provisions necessary 
to move from an elective to an appointive system, is placed before the Senate for im- 
mediate consideration. 

On motion of Senator Ezzell, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Wednesday, April 26. 

WITHDRAWAL FROM CALENDAR 

S.B. 344 (Committee Substitute), a bill to mandate comprehensive health educa- 
tion in the public schools and to include in that curriculum family life education, preg- 
nancy prevention education, and reproductive health education. 

On motion of Senator Martin of Guilford the Committee Substitute bill is taken from 
the Calendar for today and is re-referred to the Appropriations Committee. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senators Kaplan and Ward: 

S.B. 932, a bill to appropriate funds for the North Carolina Dance Theatre. 

Referred to Appropriations Committee. 

By Senators Goldston and Smith: 

S.B. 933, a bill to provide for permanent registration plates for trailers. 
Referred to Transportation Committee and upon a favorable report re-referred 
to Finance Committee. 

By Senators Hunt of Moore, Conder, Johnson of Wake, Parnell, Plyler, Raynor, 
Sherron, Soles, Staton, Tally, and Walker: 

S.B. 934, a bill to appropriate funds for operating costs at Sandhills Children's 
Center. 

Referred to Appropriations Committee. 



April 19, 1989 



1989] SENATE JOURNAL 335 

By Senators Hunt of Moore and Walker: 

S.B. 935, a bill to appropriate funds for renovation of the old library building on the 
campus of Sandhills Community College. 
Referred to Appropriations Committee. 

By Senators Hunt of Moore and Walker: 

S.B. 936, a bill to appropriate funds for the Weymouth Center for the Arts and 
Humanities in Moore County. 

Referred to Appropriations Committee. 

By Senator Kaplan: 

S.B. 937, a bill to regulate the practice of electrolysis. 

Referred to Human Resources Committee smd upon a favorable report re- 
referred to Finance Committee. 

By Senators Martin of Guilford and Martin of Pitt: 

S.J.R. 938, a joint resolution authorizing the Legislative Research Commission to 
study State financial support of local government functions. 

Referred to Rules and Operation of the Senate Committee and upon a fa- 
vorable report re-referred to Appropriations Committee. 

By Senator Odom: 

S.B. 939, a bill to modify the definition of wine wholesalers. 

Referred to Alcoholic Beverage Control Committee. 

By Senator Goldston: 

S.B. 940, a bill to appropriate funds for capital improvements at Surry Community 
College. 

Referred to Appropriations Committee. 

By Senator Ballance: 

S.B. 941, a bill to require a University of North Carolina study of amending the law 
regarding escheated property. 

Referred to Higher Education Committee. 

By Senators Cochrane, Hunt of Moore, Smith, Tally, Carpenter, and Walker: 
S.B. 942, a bill to increase local involvement in the decision to issue a permit to 
discharge to surface waters. 

Referred to Environment and Natural Resources Committee. 

By Senator Johnson of Wake: 

S.B. 943, a bill to increase the retirement formula for members and beneficiaries of 
the Teachers' and State Employees' Retirement System and members and beneficiar- 
ies of the Local Government Retirement System. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senator Parnell: 

S.B. 944, a bill to appropriate funds for the Robeson County Farmers Market. 

Referred to Appropriations Committee. 

By Senator Odom: 

S.B. 945, a bill to allow property owners to recover expenses, attorney's fees, and 
compensation for lost wages and earnings in code and ordinance enforcement actions 
brought by cities and counties that are resolved in favor of the property owner. 

Referred to Local Government and Regional Affairs Committee. 



April 19, 1989 



336 SENATE JOURNAL [Session 

By Senators Guy and Murphy: 

S.B. 946, a bill directing the Board of Governors of the University of North Caro- 
lina to defer implementation of certain requirements for its teacher preparation pro- 
grams . 

Referred to Higher Education Committee. 

By Senator Taft: 

S.B. 947, a bill to establish the Coastal Sounds Water Quality Management Plan. 

Referred to Marine Resources and Wildlife Committee. 

By Senator Kincaid: 

S.B. 948, a bill to shorten the statute of limitations for obstetrical malpractice 
claims brought on behalf of minors. 

Referred to Constitution Committee. 

By Senator Ezzell: 

S.B. 949, a bill to provide remedies for certain referral practices by health care 
providers licensed under Chapter 90 and Chapter 1 31 E of the General Statutes. 
Referred to Human Resources Committee. 

By Senator Ezzell: 

S.B. 950, a bill to automatically increase the allowance for travel expenses for 
State employees every two years whenever the consumer price index rises, and to re- 
late increase in the allowance for travel expenses to the rise in the consumer price 
index. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senator Ezzell: 

S.B. 951, a bill to authorize magistrates and clerks of court to accept guilty pleas 
for littering. 

Referred to Constitution Committee. 

By Senators Tally, Daughtry, Hunt of Moore, Marvin, Odom, Plyler, Sherron, 
Staton, Taft, Walker, Ward, and Winner: 

S.B. 952, a bill to facilitate the reduction of hazardous waste and air and water 
discharges in North Carolina to protect human health and the environment. 

Referred to Environment and Natural Resources Committee. 

By Senator Ballance: 

S.B. 953, a bill to provide that a person may not be prosecuted for a State criminal 
offense if he has previously been placed in jeopardy by prosecution for a federal crimi- 
nal offense based on the same act or conduct, unless each offense requires proof of an 
element that is not required by the other. 

Referred to Election Laws Committee. 

By Senator Shaw: 

S.B. 954, a bill to provide that when two or more school administrative units in the 
same county are merged subject to a referendum, it mvst be approved by the voters of 
each unit, except that if the proposal is for merger of three or more units, the units 
approving of merger may be merged despite the rejection by one or more of the other 
units. 

Referred to Education Committee. 

By Senators Tally, Cochrane, Hunt of Moore, and Walker: 

S.B. 955, a bill to appropriate funds to the Recreation and Natural Heritage Trust 
Fund. 

Referred to Appropriations Committee. 



April 19, 1989 



1989] SENATE JOURNAL 337 

By Senator Harris: 

S.B. 956, a bill to create a new Commission and Division for the Deaf and the 
Hard of Hearing to replace the North Carolina Council for the Hearing Impaired. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Appropriations Committee. 

By Senators Odom, Cochrane, Daughtry, Johnson of Cabarrus, Johnson of Wake, 
Marvin, Richardson, Shaw, Sherron, Smith, Speed, Taft, Tally, Ward, and Winner: 

S.B. 957, a bill to amend the Southeast Interstate Low-level Radioactive Waste 
Management Compact concerning acceptance of waste from party states if North 
Carolina becomes the host State. 

Referred to Environment and Natural Resources Committee. 

By Senators Odom, Johnson of Wake, Marvin, Richardson, Speed, Tally, Walker, 
Ward, and Winner: 

S.B. 958, a bill to establish an advance disposal fee on containers that are not 
being recycled at a rate of fifty percent within this State. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee. 

By Senators Odom, Hunt of Moore, Johnson of Wake, Marvin, Richardson, Shaw, 
Sherron, Smith, Speed, Taft, Tally, Walker, Ward, and Winner: 

S.B. 959, a bill to prohibit the disposal of recyclables in landfills after January 1, 
1993, to require each county to participate in a recycling program, and to require all 
plastics to be labeled to facilitate recycling. 

Referred to Environment and Natural Resources Committee. 

By Senator Daniel: 

S.B. 960, a bill to require continuing education for local environmental health staff 
who carry out rules adopted by the Commission for Health Services, and to support 
this and other critically needed sewage disposal and related activities by imposing a fee 
on septic tanks sold for use in North Carolina. 

Referred to Human Resources Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senators Daniel, Barker, Basnight, Block, Carpenter, Chalk, Cochrane, Con- 
der, Daughtry, Ezzell, Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, 
Johnson of Cabarrus, Martin of Pitt, Martin of Guilford, Odom, Parnell, Plyler, 
Rauch, Richardson, Speed, Taft, and Walker: 

S.B. 961, a bill to provide that the distribution of cocaine resulting in death is pun- 
ishable as second-degree murder. 

Referred to Election Laws Committee. 

By Senator Winner: 

S.B. 962, a bill to amend various Statutes relating to leaking petroleum under- 
ground storage tank cleanup. 

Referred to Environment and Natural Resources Committee and upon a 
favorable report re-referred to Finance Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senator Shaw: 

S.B. 963, a bill to provide that a person convicted of a drug violation shall serve at 
least ten percent of the first one hundred years of the mandatory minimum sentence 
for the offense, and five percent of the second hundred years of the mandatory mini- 
mum sentence regardless of whether the person has provided substantial assistance in 
the identification, arrest, or conviction of other persons involved in the drug viola- 
tions. 

Referred to Election Laws Committee. 



April 19, 1989 



338 SENATE JOURNAL [Session 

By Senator Guy: 

S.B. 964, a bill to strengthen the penalty for a drug violation that occurs within one 
thousand feet of school property. 

Referred to Constitution Committee. 

By Senator Martin of Guilford: 

S.B. 965, a bill to amend the law regarding hospital privileges and procedures. 

Referred to Human Resources Committee. 

By Senator Sands: 

S.B. 966, a bill to provide clerks of superior court the same annual salary in certain 
populations. 

Referred to Election Laws Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senators Sands and Goldston: 

S.B. 967, a bill to add an additional district court judge in Judicial District Seven- 
teen-B, and to appropriate funds. 

Referred to Election Laws Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senator Sands: 

S.B. 968, a bill to clarify the subjects about which a chiropractor may testify as an 
expert witness and to modify the educational requirements prior to testing for a chiro- 
practor license. 

Referred to Constitution Committee. 

By Senator Soles: 

S.B. 969, a bill to provide for the licensing of masonry contractors. 
Referred to State Government Committee and upon a favorable report re- 
referred to Finance Committee. 

By Senator Shaw: 

S.B. 970, a bill to provide that local officials be notified by mail of an application 
for a wastewater permit and to provide that the Environmental Management Commis- 
sion shall deny or attach conditions to a permit that allows a discharge or use that is 
inconsistent with local land-use plans or zoning ordinances. 

Referred to Environment and Natural Resources Committee. 

By Senator Block: 

S.B. 971, a bill to regulate and prohibit certain practices by telephone automatic 
dialing services. 

Referred to Constitution Committee and upon a favorable report re-referred to 
Finance Committee. 

By Senator Johnson of Cabarrus: 

S.B. 972, a bill to appropriate funds to the Cabarrus County Firemen's Associa- 
tion, Inc., for a mobile classroom to provide fire safety education throughout the 
County. 

Referred to Appropriations Committee. 

By Senator Sands: 

S.B. 973, a bill to provide that in an equitable distribution case, separate property 
used to acquire property held as tenants by the entirety shall be considered separate 
property and may not be considered a gift to the marital estate unless there is a clear 
statement in the deed that the separate property is a gift. 

Referred to Constitution Committee. 



April 19, 1989 



1989] SENATE JOURNAL 339 

By Senator Daniel: 

S.B. 974, a bill to permit statewide court-ordered, nonbinding arbitration as an 
alternative civil procedure in certain civil actions. 
Referred to Constitution Committee. 

By Senators Speed, Barker, Basnight, Block, Ezzell, Guy, Harris, Hunt of Dur- 
ham, Hunt of Moore, Martin of Guilford, Parnell, Rauch, Richardson, and Soles: 

S.B. 975, a bill to provide certain minimum returns to all retirees of all State-ad- 
ministered retirement systems. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

By Senator Speed: 

S.B. 976, a bill regarding minimum standards of law enforcement officers. 
Referred to Veterans Affairs, Law Enforcement, and Senior Citizens 
Committee. 

By Senator Basnight: 

S.B. 977, a bill to protect North Carolina Coastal Resources from potential adverse 
impacts of offshore oil and gas activities. 

Referred to Marine Resources and Wildlife Committee and upon a favorable 
report re-referred to Finance Committee. 

By Senator Ballance: 

S.B. 978, a bill to provide that when a defendant is indicted by the grand jury 
before he has been afforded or waived a probable cause hearing, the defendant may 
depose the State's primary witnesses. 

Referred to Election Laws Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 193, a bill to reinstate the purchase of State retirement service credit for cer- 
tain periods of military service. 

Referred to Pensions and Retirement Committee and upon a favorable report 
re-referred to Appropriations Committee. 

H.B. 425, a bill to make conforming amendments to the Employment Security 
Law. 

Referred to Manufacturing and Labor Committee. 

H.B. 526 (Committee Substitute), a bill to clarify the definition of a mentally ill 
minor. 

Referred to Children and Youth Committee. 

H.B. 720, a bill to amend the laws regarding the Governor's Advocacy Council for 
Persons with Disabilities. 

Referred to Human Resources Committee. 

H.B. 733, a bill to modify procedures for setting off against a debtor's State tax 
refund debts owed to the Employment Security Commission. 
Referred to Finance Committee. 

SPECIAL MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

The following special message is received from the House of Representatives: 



April 19, 1989 



340 SENATE JOURNAL [Session 

H.J.R. 1331, a joint resolution honoring the memories of Milton J. Rosenau, Ed- 
ward G. McGavran, W. Fred Mayes, and Bernard G. Greenberg, former deans of the 
School of Public Health at the University of North Carolina at Chapel Hill on the 
School's Fiftieth Anniversary. 

On motion of Senator Hunt of Moore, and the joint resolution is placed before the 
Senate for immediate consideration. 

The joint resolution passes its second (46-0) and third readings and is ordered en- 
rolled. 



WITHDRAWALS FROM COMMITTEE 

S.B. 966, a bill to provide clerks of superior court the same annual salary in certain 
populations. 

On motion of Senator Barnes, the rules are suspended and the bill is taken from the 
Election Laws Committee and re-referred to the Judiciary II Committee. 

S.B. 967, a bill to add an additional district court judge in Judicial District Seven- 
teen-B, and to appropriate funds. 

On motion of Senator Barnes, the rules are suspended and the bill is taken from the 
Election Laws Committee and re-referred to the Judiciary II Committee. 

S.B. 973, a bill to provide that in an equitable distribution case, separate property 
used to acquire property held as tenants by the entirety shall be considered separate 
property and may not be considered a gift to the marital estate unless there is a clear 
statement in the deed that the separate property is a gift. 

On motion of Senator Barnes, the rules are suspended and the bill is taken from the 
Constitution Committee and re-referred to the Judiciary II Committee. 



SPECIAL MESSAGES FROM THE HOUSE OF REPRESENTATIVES 

The following special messages are received from the House of Representatives: 

S.B. 595 House of Representatives 

April 18, 1989 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendment to S.B. No. 595, A BILL TO BE ENTITLED AN ACT TO PROVIDE 
THAT IN FILLING A VACANCY IN THE OFFICE OF SHERIFF OF ONSLOW, 
GASTON, AND LINCOLN COUNTIES, THE COUNTY BOARD OF COMMIS- 
SIONERS MUST APPOINT THE NOMINEE OF THE PARTY EXECUTIVE COM- 
MITTEE OF THE VACATING SHERIFF, the Speaker has appointed as conferees 
on the part of the House, Representatives Bruce Ethridge, Billy Mills, and Johnathan 
Rhyne to act with a like committee on the part of the Senate to the end that the differ- 
ences existing between the two bodies may be adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



April 19, 1989 



1989] SENATE JOURNAL 341 

S.B. 142 House of Representatives 

April 19, 1989 

Mr. President: 

Pursuant to your information that your Honorable Body failed to concur in House 
Amendment to S.B. No. 142, A BILL TO BE ENTITLED AN ACT TO AMEND 
THE MEMBERSHIP REQUIREMENTS FOR THE BOARD OF GOVERNORS OF 
THE NORTH CAROLINA MOTOR VEHICLE REINSURANCE FACILITY, the 
Speaker has appointed as conferees on the part of the House, Representatives Beard, 
Mills, Duncan, Isenhower, and R. Hunter to act with a like committee on the part of 
the Senate to the end that the differences existing between the two bodies may be 
adjusted. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 

ELECTION TO STATE BOARD OF COMMUNITY COLLEGES 

The following special message is received from the House of Representatives: 

House of Representatives 
April 18, 1989 

Mr. President: 

It is ordered that a message be sent your Honorable Body with the information that 
pursuant to G.S. 115D-2.1(b)(4)f, the House of Representatives has elected Mr. 
Meigs Coker Golden to the State Board of Community Colleges for a term of six years 
beginning July 1, 1989. 

Respectfully, 
S/Grace A. Collins 
Principal Clerk 



CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 653, a bill to allow Polk County to convey to Steps to Hope, Inc., a nonprofit 
corporation, certain real estate at private sale, and to allow the Village of Pinehurst to 
convey certain property at private sale, as amended, upon third reading. 

The bill, as amended, passes its third reading by roll-call vote, ayes 45, noes 0, as 
follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Moore Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plyler, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, Walker, and Ward— 45. 

Voting in the negative: None. 

The bill, as amended, is ordered engrossed and sent to the House of Representa- 
tives. 

S.B. 615, a bill to amend the Charter of the City of Wilson to provide for an alter- 
native eminent domain procedure, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 



April 19, 1989 



342 SENATE JOURNAL [Session 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plyler, Richardson, Roy all, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Swain, Taft, Tally, Walker, and Ward— 44. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, April 20, for further consideration 
upon third reading. 

S.B. 637, a bill to validate certain land taking in the Town of Taylorsville, Alexan- 
der County, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Block, Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Harris, Hunt of Durham, Johnson of Cabarrus, Johnson of 
Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, 
Parnell, Plyler, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, 
Speed, Staton, Swain, Taft, Tally, and Walker— 44. 

Voting in the negative: None. 

The bill remains on the Calendar for tomorrow, April 20, for further consideration 
upon third reading. 

S.B. 214 (Committee Substitute), a bill to exempt the Town of Warsaw from cer- 
tain zoning notice requirements. 

The Committee Substitute bill passes its second and third readings and is ordered 
sent to the House of Representatives. 

S.B. 442 (Committee Substitute), a bill to exempt the Town of Rose Hill from 
certain zoning notice requirements. 

The Committee Substitute bill passes its second and third readings and is ordered 
sent to the House of Representatives. 

S.B. 547, a bill to prohibit making unneeded ambulance calls in Caswell County. 
The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 607, a bill to allow the City of Asheville and Buncombe County to jointly 
create the Asheville-Buncombe Fair Housing Commission. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

S.B. 620, a bill authorizing Catawba County to assist thoroughfare plan implemen- 
tation. 

The bill passes its second and third readings and is ordered sent to the House of 
Representatives. 

H.B. 107 (Committee Substitute), a bill to provide for specialized plates for recipi- 
ents of the Purple Heart Award, as amended, upon second reading. 

Senator Harris offers Amendment No. 2 which is adopted (45-0). 

The Committee Substitute bill, as amended, passes its second reading by roll-call 
vote, ayes 45, noes 0, as follows: 

Voting in the affirmative: Senators Ballance, Barker, Barnes, Basnight, Block, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kaplan, Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Mur- 
phy, Odom, Parnell, Plyler, Richardson, Royall, Sands, Shaw, Sherron, Simpson, 
Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, and Ward— 45. 



April 19, 1989 



1989] SENATE JOURNAL 343 

Voting in the negative: None. 

The Committee Substitute bill, as amended, remains on the Calendar for tomorrow, 
April 20, for further consideration upon third reading. 

S.B. 857 (Committee Substitute), a bill to provide for confirmation of the appoint- 
ment of the Chief Administrative Law Judge by each house of the General Assembly. 

The Committee Substitute bill passes its second (44-0) and third (43-0) readings 
and is ordered, without objection, sent to the House of Representatives by special mes- 
senger. 

S.J.R. 910, a joint resolution honoring the memories of Milton J. Rosenau, Ed- 
ward G. McGavran, W. Fred Mayes, and Bernard G. Greenberg, former Deans of the 
School of Public Health at the University of North Carolina at Chapel Hill on the 
School's Fiftieth Anniversary. 

On motion of Senator Hunt of Moore, further consideration of the joint resolution is 
postponed until Monday, April 24. 

APPROPRIATIONS COMMITTEE MEETING 

Senator Basnight, Chairman of the Base Budget Committee, rises and an- 
nounces a meeting of the full Appropriations Committee immediately following 
today's Session, for the purpose of considering the reduction of noncritical vacant po- 
sitions in State Government. 

Senator Cobb rises to a point of order as to sufficient notice for the meeting of the 
Appropriations Committee having been given under Rule 33. The Chair sustains 
the point of order, as follows: "The Chair would have to rule, Senator Basnight, 
under Rule 33 that you will have to give him proper notice of the meeting." 

Senator Royall offers a motion that the rules be suspended to the end that the an- 
nounced meeting of the full Appropriations Committee be allowed, which motion 
prevails (32-9). The Chair states the Appropriations Committee will meet today 
as announced. 

The Chair directs the Reading Clerk to read, as follows: 

APPOINTMENTS BY THE GOVERNOR 

STATE OF NORTH CAROLINA 

OFFICE OF THE GOVERNOR 
RALEIGH 27603-8001 

April 18, 1989 

The Honorable James C. Gardner 
Lieutenant Governor of North Carolina 
State Capitol 
Raleigh, North Carolina 27611 

Dear Lieutenant Governor Gardner: 

Pursuant to North Carolina General Statute 126-2, I am appointing the persons listed 
below to the State Personnel Commission subject to confirmation by the General As- 
sembly. Their terms will expire on June 30, 1995. I hereby submit their names to the 
General Assembly for confirmation. 

Mr. Malachi Greene 
1000 Green Leaf Avenue 
Charlotte, North Carolina 28702 



April 19, 1989 



344 SENATE JOURNAL [Session 

Mr. Jeffrey P. Hunt 

Route 3, Box 47-D Ridgewood Place 

Illahee Hills 

Brevard, North Carolina 28712 

Ms. Vivian Fuse 

2035 Womble Drive 

Fayetteville, North Carolina 28306 

Sincerely, 

S/James G. Martin 
Governor 

Referred to State Personnel Committee. 



REPORT FROM THE NORTH CAROLINA 
DEPARTMENT OF PUBLIC INSTRUCTION 

Pursuant to H.B. 2641, Section 86, of the 1988 Session of the 1987 General As- 
sembly, the North Carolina Department of Public Instruction submits to the Senate the 
"School Finance Pilot Project Report." 

The Senate accepts the report and it is ordered placed on file in the Legislative Li- 
brary. 

On motion of Senator Barnes, seconded by Senator Cochrane, the Senate adjourns 
at 2:48 P.M. to meet tomorrow, April 20, at 1:30 P.M. 



FIFTY-EIGHTH DAY 

Senate Chamber, 
Thursday, April 20, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by Dr. Vernon C. Tyson, Senate Chaplain, as follows: 

"O God, at this time of Passover, we thank Thee for Moses, whose mighty voice 
cried, 'Let my people go. ' We thank Thee for Miriam, whose dancing feet celebrated 
because 'The Lord had triumphed gloriously, for the horse and rider had been thrown 
into the sea.' Most of all, we thank Thee for Thyself, Whose mighty Power enabled 
our pilgrim parents to cross over the waters, walking on dry ground; and Whose provi- 
dential Presence could be seen in the pillar of cloud by day and the pillar of fire by 
night. 

"Be to us what our forebearers have said Thou were to them, for we, too, are pil- 
grims called to cross some stormy seas; we, too, sometimes wander in a wilderness 
looking for a land of promise. So bless us and all who like us, seek Thy grace this 
day. Amen." 

Senator Barnes, President Pro Tempore, announces that the Journal of yesterday, 
April 19, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 



April 20, 1989 



1989] SENATE JOURNAL 345 

The President grants leaves of absence for today to Senators Kaplan, Rauch, and 
Block, who are observing a religious holiday, and to Senators Martin of Pitt and Har- 
ris. 

The President grants courtesies of the gallery to Melvin R. Daniels, Jr., former 
Senator from Pasquotank County. 

ENROLLED BILLS 

The Enrolling Clerk reports the following resolutions properly enrolled, and they are 
duly ratified and sent to the office of the Secretary of State: 

H.J.R. 1331, a joint resolution honoring the memories of Milton J. Rosenau, Ed- 
ward G. McGavran, W. Fred Mayes, and Bernard G. Greenberg, former deans of the 
School of Public Health at the University of North Carolina at Chapel Hill on the 
School's Fiftieth Anniversary. (Res. 17) 

REPORTS OF COMMITTEES 

Bills and resolutions are reported from standing committees, read by their titles, 
together with the reports accompanying them, and take their place on the Calendar, as 
follows: 

By Senator Guy for the Public Utilities Committee: 

S.B. 539, a bill to allow students of universities to participate in the State telephone 
network, with a favorable report. 

On motion of Senator Guy, the bill is re-referred to the Finance Committee. 

S.B. 769, a bill to clarify that joint agencies may issue bonds, including short-term 
obligations, for capital costs of fuel necessary for the operation of an authorized pro- 
ject, with a favorable report. 

On motion of Senator Guy, the bill is re-referred to the Finance Committee. 

H.B. 330 (Committee Substitute), a bill to repeal obsolete corporate franchise tax 
exemptions and clarify the definition of private telecommunications for corporate fran- 
chise tax purposes, with a favorable report. 

On motion of Senator Guy, the Committee Substitute bill is re-referred to the 
Finance Committee. 

S.B. 509, a bill to establish Statewide 911 service, with a favorable report, as 
amended. 

On motion of Senator Guy, the bill is placed before the Senate for immediate con- 
sideration and on his further motion Committee Amendments No. 1 and No. 2 are 
adopted. 

On motion of Senator Guy, the bill, as amended, is ordered engrossed and re- 
referred to the Finance Committee. 

By Senator Goldston, Vice-Chairman, for Senator Rauch for the Finance Com- 
mittee: 

S.B. 130 (Committee Substitute), a bill to prohibit the dumping of medical waste 
products into the open waters of the Atlantic Ocean and State waters and to strengthen 
the solid waste program, with an unfavorable report as to Committee Substitute bill 
No. 1, but favorable as to Committee Substitute bill No. 2. 

On motion of Senator Goldston, the rules are suspended, and the Committee Substi- 
tute bill No. 2 is placed before the Senate for immediate consideration and on his 
further motion the Committee Substitute bill No. 2 is adopted. 



April 20, 1989 



346 SENATE JOURNAL [Session 

On motion of Senator Goldston, the Committee Substitute bill No. 2 is placed on 
the Calendar for Tuesday, April 25. 

By Senator Staton for the Banks and Thrift Institutions Committee: 

S.B. 665, a bill to make technical changes relating to joint, trust, and personal 
agency accounts at financial institutions, with a favorable report. 

S.B. 820, a bill to authorize corporations exercising fiduciary powers to charge a 
fee for the automated short-term investment of cash held in fiduciary accounts, with a 
favorable report. 

H.B. 491 (Committee Substitute), a bill to modify the law regarding suspension of 
Credit Union Charters and to authorize appointment of a conservator to manage the 
affairs of a credit union when necessary, with a favorable report. 

H.B. 627, a bill to make omnibus changes relating to savings and loan associa- 
tions, with a favorable report. 

By Senator Swain for the Judiciary I Committee: 

S.B. 730, a bill to repeal the Speedy Trial Act, with a favorable report. 

S.B. 517, a bill to provide that a local forensic evaluation shall be made of a defen- 
dant charged with a misdemeanor whose capacity to proceed to trial is questioned 
before a State evaluation may be ordered, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Swain, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Swain, the Committee Substitute bill is placed on the Calen- 
dar for Tuesday, April 25, for further consideration. 

By Senator Barker for the Marine Resources and Wildlife Committee: 

S.B. 484, a bill to repeal the exemption from hook-and-line fishing license require- 
ments for persons fishing in their county of residence using natural bait, with a favor- 
able report. 

On motion of Senator Barker, the bill is re-referred to the Finance Committee. 

S.B. 486, a bill to authorize the North Carolina Wildlife Resources Commission to 
schedule managed hunts for game birds, with a favorable report. 

On motion of Senator Barker, the bill is re-referred to the Finance Committee. 

S.B. 338, a bill to require first time buyers of hunting licenses to complete a hunter 
safety course, and to require that such course be made available in the public schools 
of this State, with a favorable report, as amended. 

S.B. 590, a bill to prohibit the use of gill netting, dynamite, and special fishing 
devices in the taking of fish on Lake Santeetlah, Fontana Lake, Cheoah Lake, and 
Calderwood Lake in Graham and Swain Counties, with a favorable report, as 
amended. 

By Senator Soles for the Judiciary II Committee: 

S.B. 254, a bill to improve recovery of defaulted student loans, with an unfavorable 
report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 



April 20, 1989 



1989] SENATE JOURNAL 347 

On motion of Senator Soles, the Committee Substitute bill is placed on the Calendar 
for Monday, April 24. 

S.B. 452, a bill to add an additional resident superior court judge in Superior Court 
District Thirteen, with an unfavorable report as to bill, but favorable as to Committee 
Substitute bill. 

On motion of Senator Soles, the rules are suspended, and the Committee Substitute 
bill which changes the title to read, S.B. 452 (Committee Substitute), a bill to add an 
additional resident superior court judge in Superior Court District Eleven and Thirteen, 
is placed before the Senate for immediate consideration. 

On motion of Senator Soles, the Committee Substitute bill is adopted, and on his 
further motion is re-referred to the Appropriations Committee. 

S.B. 698, a bill to require that child support guidelines be used as a rebuttable 
presumption to establish child support obligations and to require periodic review, with 
a favorable report. 

S.B. 817, a bill to limit civil and criminal liability of donors who donate food for 
use or distribution by nonprofit organizations unless an injury is caused by the gross 
negligence, recklessness, or intentional misconduct of the donor, with a favorable re- 
port. 

S.B. 413, a bill to provide for the assignment to the State of the right to third party 
benefits in Department of Human Resources medical payment programs, with a favor- 
able report, as amended. 

By Senator Tally for the Environment and Natural Resources Committee: 

S.B. 392, a bill to eliminate unnecessary requirements for the Environmental Man- 
agement Commission to classify sources of air pollution, with a favorable report. 

S.B. 360, a bill to establish the North Carolina Coastal Reserve System, with a 
favorable report, as amended. 

S.B. 387, a bill to establish a Stream Watch Program in the Department of Natural 
Resources and Community Development, with a favorable report, as amended. 

S.B. 431, a bill to eliminate or correct obsolete cross-references and make other 
technical corrections in the air quality statutes, with a favorable report, as amended. 

By Senator Sands for the Local Government and Regional Affairs Commit- 
tee: 

S.B. 584, a bill to authorize counties to construct and operate storm drainage sys- 
tems as a public enterprise, with a favorable report. 
On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 585, a bill to authorize cities to construct and operate storm drainage systems 
as a public enterprise, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 632, a bill to temporarily exempt the Town of Weaverville from limits on the 
size of a satellite annexation, with a favorable report. 

On motion of Senator Sands, the bill is re-referred to the Finance Committee. 

S.B. 639, a bill to validate ordinances closing streets and alleys notwithstanding a 
failure to send notice by registered or certified mail, and to allow such mailings by 
first-class mail, with a favorable report, as amended. 



April 20, 1989 



348 SENATE JOURNAL [Session 

S.B. 644, a bill to amend the law concerning the procedure for permanently closing 
streets and alleys by deleting the authority of cities to close streets and alleys located 
within their extraterritorial jurisdiction, with a favorable report, as amended. 

S.B. 627, a bill to eliminate hospital lease authority in Gaston County, with an 
unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sands, the rules are suspended, and the Committee Substitute 
bill is placed before the Senate for immediate consideration and on his further motion 
the Committee Substitute bill is adopted. 

On motion of Senator Sands, the Committee Substitute bill is placed on the Calen- 
dar for Monday, April 24, for further consideration. 

By Senator Parnell for the Insurance Committee: 

S.B. 502, a bill to rewrite the law on reciprocal or interinsurance exchanges, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Parnell, the Committee Substitute bill is placed on the Calen- 
dar for Tuesday, April 25, for further consideration. 

S.B. 503, a bill to improve coverage under long-term care insurance, with an unfa- 
vorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Parnell, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Parnell, the Committee Substitute bill is placed on the Calen- 
dar for Tuesday, April 25, for further consideration. 

By Senator Sherron for the State Government Committee: 

S.B. 308, a bill to allow public contracts to include single prime contractor con- 
tracts, construction management contracts, or design-build contracts, with an unfa- 
vorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the Committee Substi- 
tute bill which changes the title to read, S.B. 308 (Committee Substitute), a bill to 
allow public contracts to be bid in the alternative as multi-prime or single-prime con- 
tracts, is placed before the Senate for immediate consideration. 

On motion of Senator Sherron, the Committee Substitute bill is adopted, and on his 
further motion is placed on the Calendar for Tuesday, April 25, for further considera- 
tion. 

S.B. 624, a bill to create a financing mechanism within the Department of Com- 
merce, Energy Division, to provide capital to industrial and commercial concerns lo- 
cated or undertaking translocation to North Carolina for capital improvement projects 
determined to provide energy conservation, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Sherron, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Sherron, the Committee Substitute bill is re-referred to the 
Appropriations Committee. 

By Senator Johnson of Wake for the Judiciary III Committee: 

S.B. 837, a bill to amend laws concerning notice to known or reasonably ascertain- 
able creditors of decedents' estates, with an favorable report. 



April 20, 1989 



1989] SENATE JOURNAL 349 

S.B. 841, a bill to rewrite the law concerning the effect of a dissent from a will by a 
surviving spouse, with a favorable report. 

S.B. 902, a bill to amend Chapter 31B of the General Statutes regarding renuncia- 
tion of property and renunciation of fiduciary powers, with a favorable report. 

INTRODUCTION OF BILLS AND RESOLUTIONS 

The following bills and resolutions filed for introduction are presented to the Senate, 
read the first time, and disposed of as follows: 

By Senator Harris: 

S.B. 979, a bill to appropriate funds for Adventure House in Shelby. 

Referred to Appropriations Committee. 

By Senators Plyler and Conder: 

S.B. 980, a bill to appropriate funds for a Learning Resource Center at Stanly 
Community College. 

Referred to Appropriations Committee. 

By Senators Kaplan, Allran, Ballance, Barker, Basnight, Block, Bryan, Carpen- 
ter, Chalk, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Guy, Hardin, 
Harris, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kincaid, Martin of Pitt, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, 
Rauch, Raynor, Richardson, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, 
Staton, Taft, Tally, Walker, Ward, and Winner: 

S.B. 981, a bill to appropriate funds to establish a Viet Nam Veterans Memorial 
Park. 

Referred to Appropriations Committee. 

By Senators Richardson, Rauch, and Johnson of Cabarrus: 

S.B. 982, a bill to appropriate funds for the restoration of Historic Rosedale in 
Charlotte. 

Referred to Appropriations Committee. 

By Senators Johnson of Wake, Block, Conder, Hunt of Durham, Hunt of Moore, 
Plyler, Sands, Sherron, Simpson, Speed, and Staton: 

S.B. 983, a bill to increase the longevity pay rates for State employees and commu- 
nity college employees. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 

By Senator Conder: 

S.B. 984, a bill to appropriate funds for the development of a year-round camp for 
autistic adults. 

Referred to Appropriations Committee. 

By Senators Guy, Ballance, Barker, Basnight, Block, Bryan, Carpenter, Chalk, 
Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Hardin, Harris, Hunt of 
Moore, Johnson of Cabarrus, Johnson of Wake, Kaplan, Martin of Pitt, Martin of 
Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Richardson, Royall, Sands, 
Shaw, Sherron, Smith, Soles, Speed, Staton, Swain, Taft, Tally, Walker, and Ward: 

S.R. 985, a Senate simple resolution providing for the Senate to meet at Camp 
LeJeune on May 11, 1989. 

Referred to Rules and Operation of the Senate Committee. 

Senator Winner rises to a point of order, invoking Senate Rule 41 (a4), as to the 
deadline date for the filing of public bills. 



April 20, 1989 



350 SENATE JOURNAL [Session 

Senator Simpson offers a motion that Senate Rule 41 (a4) be suspended to allow the 
introduction and referral to committee of the following bill, which motion prevails 
(44-0). 

By Senator Simpson: 

S.B. 986, a bill to allow conditional reimbursement for damage or theft of a pas- 
senger vehicle of an employee of the Department of Correction or the Department of 
Human Resources when the damage or theft occurs at the job site. 

Referred to State Personnel Committee and upon a favorable report re-referred 
to Appropriations Committee. 



MESSAGE FROM THE HOUSE OF REPRESENTATIVES 

A message is received from the House of Representatives, transmitting the following 
bills and resolutions, which are read the first time and disposed of as follows: 

H.B. 164 (Committee Substitute), a bill to regulate alternative operator services. 
Referred to Public Utilities Committee. 

H.B. 268 (Committee Substitute), a bill to make various changes in the laws relat- 
ing to training for sanitarians, local health board membership, review and appeal pro- 
cedures for improvement permit applications, and permitting of on-site sewage sys- 
tems. 

Referred to Environment and Natural Resources Committee. 

H.B. 314, a bill to allow Granville County to establish voting precincts without 
regard to township boundaries. 

Referred to Election Laws Committee. 

H.B. 403 (Committee Substitute), a bill to modify the law concerning roadway 
corridor official maps, municipal participation in improvements to the State highway 
system, and dedication of right-of-way with density or development rights transfer. 

Referred to Transportation Committee. 

H.B. 450, a bill relating to the compensation of the members of the Board of Edu- 
cation of Moore County. 

Referred to Education Committee. 

H.B. 500, a bill to allow Caswell County to establish voting precincts without re- 
gard to township boundaries. 

Referred to Election Laws Committee. 

H.B. 643, a bill to authorize Lincoln County to lease certain property to the Lin- 
coln Cultural Development Center for a period on ninety-nine years. 

Referred to Local Government and Regional Affairs Committee. 

H.B. 817, a bill to prohibit hunting from the rights-of-way of public roads in 
Cleveland County. 

Referred to Marine Resources and Wildlife Committee. 

H.B. 829, a bill to regulate the trapping season in Gates County. 
Referred to Marine Resources and Wildlife Committee. 

H.B. 831, a bill to establish seasons for hunting foxes with weapons and with traps 
in Gates County. 

Referred to Marine Resources and Wildlife Committee. 



April 20, 1989 



1989] SENATE JOURNAL 351 

S.B. 560, a bill to provide for the appointment of a new North Carolina Wildlife 
Resources Commission, for concurrence in House Amendment No. 1, which is placed 
on the Calendar for Monday, April 24. 

S.J.R. 866, a joint resolution honoring the life and memory of Ottis Franklin 
Jones, former Sheriff of Cumberland County, for concurrence in House Amendment 
No. 1, which is placed on the Calendar for Monday, April 24. 



WITHDRAWALS FROM CALENDAR 

H.B. 109, a bill ratifying the 24th Amendment to the Constitution of the United 
States of America, providing that the right to vote shall not be denied or abridged 
because of the failure to pay a poll tax. 

On motion of Senator Hunt of Durham, the bill is taken from the Calendar for 
today, April 20 and is placed on the Calendar for Monday, May 1. 

S.B. 467, a bill to exempt employees of the North Carolina State Ports Authority 
from the State personnel system. 

On motion of Senator Sands, the bill is taken from the Calendar for today, April 20 
and is placed on the Calendar for Tuesday, April 25. 

CALENDAR 

Bills and resolutions on the Calendar are taken up and disposed of as follows: 

S.B. 615, a bill to amend the Charter of the City of Wilson to provide for an alter- 
native eminent domain procedure, upon third reading. 

The bill passes third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, 
Johnson of Wake, Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, 
Plyler, Raynor, Richardson, Royall, Sands, Shaw, Sherron, Simpson, Soles, Speed, 
Staton, Swain, Taft, Tally, Walker, Ward, and Winner— 44. 

Voting in the negative: None. 

The bill is ordered sent to the House of Representatives. 

S.B. 637, a bill to validate certain land taking in the Town of Taylorsville, Alexan- 
der County, upon third reading. 

The bill passes its third reading by roll-call vote, ayes 44, noes 0, as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, 
Goldston, Guy, Hardin, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Raynor, 
Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Walker, Ward, and Winner— 44. 

Voting in the negative: None. 

The bill is sent to the House of Representatives. 

S.B. 576 (Committee Substitute), a bill to allow the Town of Wake Forest to im- 
pose facility fees, upon second reading. 

The bill passes its second reading by roll-call vote, ayes 42, noes 0, as follows: 
Voting in the affirmative: Senators Allran, Barker, Barnes, Basnight, Bryan, Car- 
penter, Chalk, Cobb, Cochrane, Conder, Daniel, Daughtry, Ezzell, Goldston, Har- 
din, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, Kin- 
caid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Raynor, 



April 20, 1989 



SENATE JOURNAL [Session 

Richardson, Royall, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, 
Swain, Taft, Tally, Ward, and Winner— 42. 

Voting in the negative: None. 

The Committee Substitute bill remains on the Calendar for Monday, April 24, for 
further consideration upon third reading. 

S.B. 453, a bill to establish seasons for hunting foxes with firearms and bow and 
arrow and for trapping foxes in Burke County. 

On motion of Senator Barker, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second and third readings and is ordered engrossed 
and sent to the House of Representatives. 

S.B. 666 (Committee Substitute), a bill to amend the laws in Catawba County. 
The Committee Substitute bill passes its second and third readings and is ordered 
sent to the House of Representatives. 

H.B. 107 (Committee Substitute), a bill to provide for specialized plates for recipi- 
ents of the Purple Heart Award, as amended, upon third reading. 

On motion of Senator Raynor, further consideration of the Committee Substitute 
bill, as amended, is postponed until Tuesday, April 25. 

REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Ballance for the Alcoholic Beverage Control Committee: 

S.B. 380, a bill to make amendments to the alcoholic beverage control laws, with 
an unfavorable report as to bill, but favorable as to Committee Substitute bill. 

On motion of Senator Ballance, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Ballance, the Committee Substitute bill is re-referred to the 
Finance Committee. 

CALENDAR (Continued) 

S.B. 114, a bill to provide that a county landfill that is a public enterprise has 
conditional authority to charge a municipality located in that county a solid waste dis- 
posal fee, upon second reading. 

On motion of Senator Goldston, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second reading by roll-call vote, ayes 41, noes 0, 
as follows: 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Hardin, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of Wake, 
Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, Raynor, 
Richardson, Royall, Sands, Simpson, Smith, Soles, Speed, Staton, Swain, Taft, 
Tally, Walker, Ward, and Winner— 41. 

Voting in the negative: None. 

The bill, as amended, remains on the Calendar for Monday, April 24, for further 
consideration upon third reading. 

S.B. 552, a bill to repeal the sunset date applicable to insurance premium taxes, 
upon second reading. 

The bill passes its second reading by roll-call vote, ayes 41, noes 0, as follows: 



April 20, 1989 



1989] SENATE JOURNAL 353 

Voting in the affirmative: Senators Allran, Ballance, Barker, Barnes, Basnight, 
Bryan, Carpenter, Chalk, Cobb, Cochrane, Daniel, Daughtry, Ezzell, Goldston, 
Guy, Hardin, Hunt of Durham, Hunt of Moore, Johnson of Cabarrus, Johnson of 
Wake, Kincaid, Martin of Guilford, Marvin, Murphy, Odom, Parnell, Plyler, 
Raynor, Sands, Shaw, Sherron, Simpson, Smith, Soles, Speed, Staton, Swain, Tally, 
Walker, Ward, and Winner — 41. 

Voting in the negative: None. 

The bill remains on the Calendar for Monday, April 24, for further consideration 
upon third reading. 

S.J.R. 267, a joint resolution adopting the Comprehensive Long-Range Plan for 
adults with severe and persistent mental illness as policy guidance for the development 
of services. 

The joint resolution passes its second (44-0) and third readings and is ordered sent 
to the House of Representatives. 

S.B. 415, a bill to transfer rulemaking authority for public health nutrition pro- 
grams from the Department of Human Resources to the Commission for Health Serv- 
ices. 

The bill passes its second (44-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 516, a bill to grant subrogation rights and penalties for withholding informa- 
tion to the Department of Human Resources, Division of Vocational Rehabilitation. 

Senator Ezzell offers Amendment No. 1 which is adopted (42-0). 

The bill, as amended, passes its second reading (42-0). 

Senator Soles objects to the third reading of the bill, as amended. 

The bill, as amended, is ordered placed on the Calendar for Tuesday, April 25, for 
further consideration upon third reading. 

S.B. 540, a bill to amend load width and height exceptions to loads of tobacco 
transported on the highways. 

The bill passes its second (42-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 551, a bill to clarify the scope of State guidelines that may be adopted under 
the Coastal Area Management Act. 

The bill passes its second (41-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 684, a bill to clarify the applicability of jail fees. 

The bill passes its second (42-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 704, a bill to allow rental for Department of Transportation employees of 
uniforms that include day-glo orange shirts to be paid through payroll deduction. 

The bill passes its second (40-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 731, a bill to define muscular dystrophy for tax purposes. 
The bill passes its second (42-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 790, a bill to amend the law regarding public bidding to exempt public hospi- 
tals from certain requirements. 

On motion of Senator Sands, further consideration of the bill is postponed until 
Tuesday, April 25. 



April 20, 1989 



354 SENATE JOURNAL [Session 

S.B. 804, a bill to amend the practicing Psychologists Licensure Act to permit 
licensure as a psychological associate. 

On motion of Senator Ezzell, Committee Amendment No. 1 is adopted. 

The bill, as amended, passes its second (43-0) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

S.B. 826, a bill to authorize the disposition of confiscated deadly weapons to the 
North Carolina Justice Academy. 

The bill passes its second (43-0) and third readings and is ordered sent to the House 
of Representatives. 

S.B. 832, a bill to adopt the Plott Hound as the official State Dog. 
Senator Bryan offers Amendment No. 1 which is adopted (31-13). 
The bill, as amended, passes its second (39-3) and third readings and is ordered 
engrossed and sent to the House of Representatives. 

H.B. 125, a bill to continue the Birth-Related Neurological Impairment Study 
Commission and provide that funds previously appropriated to the Commission shall 
remain available. 

The bill passes its second (43-0) and third readings and is ordered enrolled. 

H.B. 180, a bill to make technical changes in the law regarding surveys of historic 
properties. 

The bill passes its second (41-0) and third readings and is ordered enrolled. 

H.B. 221, a bill to allow one additional appointment to the Board of a soil and 
water conservation district when the district is composed of four or more counties. 
The bill passes its second (41-0) and third readings and is ordered enrolled. 

H.B. 250 (Committee Substitute), a bill to clarify the definition of neglected child 
within the juvenile jurisdiction of the District Court. 

On motion of Senator Winner, the Committee Substitute bill is re-referred to the 
Judiciary I Committee. 



REPORTS OF COMMITTEES 

The following standing committee reports are submitted out of the regular order of 
business, read by their titles, together with the reports accompanying them, and take 
their place on the Calendar, as follows: 

By Senator Conder for the Education Committee: 

S.B. 600, a bill to permit local boards of education to purchase mutual fund shares 
as part of annuity contracts with school employees, with a favorable report. 

H.B. 499, a bill codifying the increase in the size of the Lenoir County Board of 
Education as ordered by the United States District Court for the Eastern District of 
North Carolina, with a favorable report. 

S.B. 636, a bill to encourage college-bound students to take the PS AT at least once 
before taking the Scholastic Aptitude Test (SAT), with a favorable report, as 
amended. 

On motion of Senator Conder, the bill is placed before the Senate for immediate 
consideration and on his further motion Committee Amendment No. 1 is adopted. 

On motion of Senator Conder, the bill, as amended, is ordered engrossed and re- 
referred to the Appropriations Committee. 



April 20, 1989 



1989] SENATE JOURNAL 355 

S.B. 109, a bill to require the teaching of the Nation's founding and related docu- 
ments in the North Carolina High Schools, with an unfavorable report as to bill, but 
favorable as to Committee Substitute bill. 

On motion of Senator Conder, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Conder, the Committee Substitute bill is placed on the Calen- 
dar for Tuesday, April 25, for further consideration. 

S.B. 430, a bill to amend the process for giving notice of decisions regarding excep- 
tional children, with an unfavorable as to bill, but favorable as to Committee Substi- 
tute bill. 

On motion of Senator Conder, the rules are suspended, and the Committee Substi- 
tute bill is placed before the Senate for immediate consideration and on his further 
motion the Committee Substitute bill is adopted. 

On motion of Senator Conder, the Committee Substitute bill is placed on the Calen- 
dar for Tuesday, April 25, for further consideration. 

By Senator Taft for the Election Laws Committee: 

S.B. 569, a bill to amend referendum procedures for Charter amendments for the 
City of Greenville, with a favorable report. 

H.B. 110, a bill to modify the method of filling vacancies in the Board of Aldermen 
of the Town of Bakers ville, Mitchell County, with a favorable report. 

H.B. 308, a bill to allow Davidson County to establish voting precincts without 
regard to township boundaries, with a favorable report. 

H.B. 408, a bill amending the Charter of the Town of Benson to codify the new 
method of electing town commissioners ordered by the United States District Court to 
comply with the federal voting rights acts, with a favorable report. 

On motion of Senator Barnes, seconded by Senator Chalk, the Senate adjourns at 
3:19 P.M. to meet Monday, April 24, at 7:00 P.M. 






FIFTY-NINTH DAY 



Senate Chamber, 
Monday, April 24, 1989. 

The Senate meets pursuant to adjournment and is called to order by the Honorable 
James C. Gardner, Lieutenant Governor. 

Prayer is offered by The Honorable Richard E. Chalk, Jr., Senator from Guilford 
County, as follows: 

"Dear Father in Heaven, help us to reflect on Your Holiness and cause us to realize 
our unworthiness to even come before You. 

"As we begin this new week, we are glad to be back with our fellow members and 
friends. We face many important issues this week and on the floor tonight in which 
we have individual interest. Considered in the context of a Holy God our deliberations 
become insignificant yet the actions we take are important to the people of this State. 

"Help us put You in proper context in all that we do. Amen." 



April 24, 1989 



356 SENATE JOURNAL [Session 

Senator Barnes, President Pro Tempore, announces that the Journal of Thursday, 
April 20, has been examined and is found to be correct. On his motion, the Senate 
dispenses with the reading of the Journal and it stands approved as written. 

The President grants courtesies of the floor to William G. Smith former Senator 
from New Hanover County. 



ENROLLED BILLS 

The Enrolling Clerk reports the following bills properly enrolled, and they are duly 
ratified and sent to the office of the Secretary of State: 

H.B. 125, an act to continue the Birth-Related Neurological Impairment Study 
Commission and provide that funds previously appropriated to the Commis